ROL_2015-04-24_16k_Hr3-4.timecode

[00:00.000 --> 00:10.560]  The Disney Splash is brought to you by the Lone Star Lowdown, providing your daily bulletins
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[00:12.080 --> 00:23.840]  Today in history, news updates and the inside scoop into the tides of the alternative.
[00:23.840 --> 00:32.480]  Texas today opened up with gold at $1,193.78 an ounce, silver $15.88 an ounce, Texas crude
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[00:44.320 --> 00:49.520]  Today in history, Monday, April 24th, 1961, then President John F. Kennedy announced his
[00:49.520 --> 00:53.160]  sole responsibility following the Bay of Pigs incident.
[00:53.160 --> 00:57.760]  Bay of Pigs was an attempt by US trained and backed Guatemalan guerrilla revolutionaries
[00:57.760 --> 01:03.240]  just a few days before in invading Cuba and overthrowing Castro regime.
[01:03.240 --> 01:12.240]  They were, however, neutralized and captured for over a year.
[01:12.240 --> 01:18.560]  In recent news, California's vaccine mandate bill SB 277 was apparently postponed last
[01:18.560 --> 01:24.320]  week to allow for Democratic Senator Ben Allen of Santa Monica and Richard Pan of Sacramento
[01:24.320 --> 01:29.680]  to push to replace seats on the committee with pro-vaccine industry spokespersons.
[01:29.680 --> 01:35.800]  It was also rescheduled as a vote only item, which essentially meant that no one in opposition
[01:35.800 --> 01:39.960]  was allowed to testify on the amendments added to the bill.
[01:39.960 --> 01:49.520]  SB 277 was passed on Wednesday.
[01:49.520 --> 01:53.640]  The president yesterday took full responsibility for the counter terrorist efforts of the United
[01:53.640 --> 01:59.920]  States in the inadvertent murder of Warren Weinstein, 73 year old of Rockville, Maryland,
[01:59.920 --> 02:04.960]  who was unfortunately killed alongside an Italian hostage back in January during a drone
[02:04.960 --> 02:11.960]  strike that was targeting an Al Qaeda compound in Pakistan near the Afghani border.
[02:11.960 --> 02:15.080]  Warren was four days away from leaving Pakistan alive.
[02:15.080 --> 02:25.200]  He had spent nearly four years as an Al Qaeda hostage.
[02:25.200 --> 02:30.200]  Canada is now the first country in the world to require that for every new regulation introduced,
[02:30.200 --> 02:32.920]  one of equivalent burden must be removed.
[02:32.920 --> 02:40.360]  The Red Tape Reduction Act, or C-21, has been operating as policy for several years already.
[02:40.360 --> 02:45.120]  It requires that the cost of new rules and regulations be quantified and that equal or
[02:45.120 --> 02:51.320]  greater costs and regulations be removed.
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[03:01.080 --> 03:28.280]  This has been the Lowdown for April 24th, 2015.
[03:28.280 --> 03:36.480]  We are back, Randy Kelton, East Kidmore, Blue Law Radio, and we're talking to Pat in Texas
[03:36.480 --> 03:42.040]  about this examining trial.
[03:42.040 --> 03:49.040]  Are they calling this an examining trial or a ring that...
[03:49.040 --> 03:57.320]  I got noticed by the court coordinator that we have an examining trial at 1030 on May
[03:57.320 --> 04:04.280]  12th in Sanderson at the 83rd District Court in the courthouse on the second floor.
[04:04.280 --> 04:09.360]  So if anybody wants to show up, please do, I need a lot of witnesses, court watchers
[04:09.360 --> 04:10.360]  and otherwise.
[04:10.360 --> 04:18.520]  Sanderson is not a city worth going around for, there's two places to eat in town, so
[04:18.520 --> 04:23.760]  please bring your own food, you'll save yourself a trip to the bathroom.
[04:23.760 --> 04:30.320]  I'm sorry, I don't speak highly of it, but there's nothing to speak highly of.
[04:30.320 --> 04:33.600]  But the examining trial has been called.
[04:33.600 --> 04:44.720]  Now I've already had a bond hearing where the JP, that was that night, and she had all
[04:44.720 --> 04:46.160]  the documents and charges.
[04:46.160 --> 04:51.920]  I have not seen anything as of yet.
[04:51.920 --> 04:56.280]  So we're smitten documents into the court.
[04:56.280 --> 05:01.120]  Have you read to Chapter 16 Code of Criminal Procedure?
[05:01.120 --> 05:02.120]  Yeah.
[05:02.120 --> 05:03.120]  Okay.
[05:03.120 --> 05:10.320]  Examining trial, first thing is, the first thing they do is advise you of your rights.
[05:10.320 --> 05:17.040]  Then you have a statutory right to make a statement.
[05:17.040 --> 05:25.840]  That statement must be recorded and when the court makes a determination, they must issue
[05:25.840 --> 05:36.680]  an order under 1617 and under 1730, they must seal all documents and if names the statement
[05:36.680 --> 05:43.440]  by the accused, any affidavits and all other documents including in the hearing must be
[05:43.440 --> 05:52.160]  sealed in an envelope with the magistrate must write his name across the seal of the envelope
[05:52.160 --> 05:55.080]  for the court of, clerk of the court of jurisdiction.
[05:55.080 --> 05:58.760]  So first thing has to happen is you get an opportunity to give a statement.
[05:58.760 --> 06:04.240]  I'm going to bet you what they're going to hold is it's an arraignment hearing.
[06:04.240 --> 06:09.200]  An arraignment hearing is a hearing for the purpose of determining the identity of the
[06:09.200 --> 06:11.800]  accused in taking a plea.
[06:11.800 --> 06:19.000]  Well, I'm not making a plea because they've never gotten jurisdiction.
[06:19.000 --> 06:20.000]  That's right.
[06:20.000 --> 06:27.840]  So that's relatively certain if this is in the court of jurisdiction, they're going to
[06:27.840 --> 06:36.400]  treat this as an arraignment hearing and not as an examining trial.
[06:36.400 --> 06:43.520]  I suggest you go in with a petition for court of inquiry.
[06:43.520 --> 06:44.520]  So often?
[06:44.520 --> 06:47.880]  Are you familiar with court of inquiry?
[06:47.880 --> 06:51.520]  I know what it's for, but who do you want me to submit it to?
[06:51.520 --> 07:03.640]  The district judge, the court of inquiry is submitted to a district judge and he has no
[07:03.640 --> 07:06.480]  power to dismiss it.
[07:06.480 --> 07:11.440]  He must notify the head administrative judge of the district and head administrative judge
[07:11.440 --> 07:20.840]  of the district to set a hearing, to appoint a judge to hear the court of inquiry.
[07:20.840 --> 07:25.040]  Court of inquiry is in TCCP, right?
[07:25.040 --> 07:26.040]  Yeah.
[07:26.040 --> 07:27.040]  All right.
[07:27.040 --> 07:29.760]  The court of inquiry procedure chapter 52.
[07:29.760 --> 07:30.760]  52.
[07:30.760 --> 07:31.760]  All right.
[07:31.760 --> 07:36.720]  I knew I'd read it, I read that whole thing forwards and backwards, I don't know how many
[07:36.720 --> 07:38.520]  times since this occurred.
[07:38.520 --> 07:39.520]  So.
[07:39.520 --> 07:40.520]  Okay.
[07:40.520 --> 07:43.640]  I'm going to, have you been listening to the show lately?
[07:43.640 --> 07:44.640]  Yeah.
[07:44.640 --> 07:45.640]  Well, when I can.
[07:45.640 --> 07:46.640]  Okay.
[07:46.640 --> 07:50.800]  Have you heard the part about grand juries, what I've been doing lately?
[07:50.800 --> 07:52.800]  Yeah, I have.
[07:52.800 --> 07:58.840]  And I really am impressed with that because I've been blocked three times with the grand
[07:58.840 --> 07:59.840]  jury.
[07:59.840 --> 08:08.000]  So what I was going to suggest is introduce these guys to the deep end of the pool and
[08:08.000 --> 08:16.080]  make up a set of criminal complaints and bring them up here to Tarrant County or take them
[08:16.080 --> 08:22.200]  to Travis County or send them to every county in the state.
[08:22.200 --> 08:28.400]  I can do that too, to the foreman of the jury.
[08:28.400 --> 08:40.480]  Yeah, and put in a, essentially a brief showing that the prosecuting attorney has no power
[08:40.480 --> 08:42.480]  to intercede.
[08:42.480 --> 08:49.680]  Well, what's funny here, Randy, is we have history with this DA.
[08:49.680 --> 08:54.760]  You remember all the criminal complaints I had seven years ago against the border patrol,
[08:54.760 --> 08:59.800]  the sheriff, the county attorney, the county judge, and everybody else because they refused
[08:59.800 --> 09:05.680]  to do their jobs after the border patrol destroyed one of my fences.
[09:05.680 --> 09:13.360]  That was only $2,000 worth of material plus labor, but nobody wanted to take the complaint.
[09:13.360 --> 09:17.680]  Well, the DA told the county judge when the county judge ran out of the courtroom with
[09:17.680 --> 09:23.800]  him to have me file a civil lawsuit to recoup my law.
[09:23.800 --> 09:30.960]  He refused to prosecute, and so I went to the grand jury directly at that point with
[09:30.960 --> 09:34.200]  more criminal complaints, even against him.
[09:34.200 --> 09:40.920]  But both of our district judges, we have the 83rd, which is where I'm in right now, and
[09:40.920 --> 09:52.160]  the 62nd, I believe it is, both the judges were former assistant DAs in this DA's office.
[09:52.160 --> 09:54.080]  Please work for him.
[09:54.080 --> 09:57.080]  I would move to disqualify.
[09:57.080 --> 10:00.960]  Or let's think about this politically.
[10:00.960 --> 10:06.240]  You've got two district judges that worked for the DA.
[10:06.240 --> 10:13.920]  So instead of just saying, well, because they worked for them, I can't trust them not to
[10:13.920 --> 10:17.840]  be prejudiced.
[10:17.840 --> 10:20.040]  Get them to not be prejudiced.
[10:20.040 --> 10:22.040]  I mean, get them to be prejudiced.
[10:22.040 --> 10:23.920]  Get them to act improperly.
[10:23.920 --> 10:29.240]  And then you make the complaint against them claiming that they acted in this reprehensible
[10:29.240 --> 10:38.240]  manner because they were employed by the district attorney, because they are improperly influenced
[10:38.240 --> 10:40.160]  by the district attorney.
[10:40.160 --> 10:45.360]  Now, they have too close of a working relationship.
[10:45.360 --> 10:53.680]  And bringing out of their county, and you talk to some other district attorneys, everybody's
[10:53.680 --> 10:56.520]  got enemies.
[10:56.520 --> 11:00.960]  And if you demonstrate to the district attorney that he has no power to intercede and then
[11:00.960 --> 11:07.300]  go after the district, say you go to another county and the district attorney refuses to
[11:07.300 --> 11:10.600]  give your complaints to the grand jury, then you go after him.
[11:10.600 --> 11:17.040]  Well, he is not going to be a happy camper with you filing complaints against him for
[11:17.040 --> 11:25.040]  not filing, acting on or giving complaints to the grand jury against this other DA.
[11:25.040 --> 11:29.000]  Now he's getting stung for protecting this Trump over here.
[11:29.000 --> 11:34.920]  Yeah, we've already filed one criminal complaint right up front, and that was the day after
[11:34.920 --> 11:41.320]  the stop, and that was for aggravated robbery under the color of law against a handicapped
[11:41.320 --> 11:42.320]  man.
[11:42.320 --> 11:48.320]  That's only a class A felony, first time out, 25 to life, mandatory.
[11:48.320 --> 11:53.800]  You know, they can't rule any other way if they're found guilty.
[11:53.800 --> 11:54.800]  Well...
[11:54.800 --> 11:59.080]  Well, wait a minute, there's something else there.
[11:59.080 --> 12:05.080]  Are you familiar with 2202B2A aggravated assault?
[12:05.080 --> 12:07.200]  No.
[12:07.200 --> 12:09.600]  This is what it says.
[12:09.600 --> 12:18.880]  If a person commits simple assault and defined by 2201, and simple assault is offensive touching
[12:18.880 --> 12:26.520]  or language that a reasonable person of ordinary prudence would find offensive or threatening.
[12:26.520 --> 12:32.080]  If a person commits simple assault while prominently displaying a deadly weapon, that's a second
[12:32.080 --> 12:42.640]  degree felony, unless the person is a public official acting under color or pretense of
[12:42.640 --> 12:56.720]  official capacity, in which case it's a felony of the first degree, muhaha, so he was going
[12:56.720 --> 13:03.520]  to stop you and give you a warning ticket, and then he accused you of evading arrest
[13:03.520 --> 13:11.560]  that when there was no intent to arrest, so you can't evade an arrest.
[13:11.560 --> 13:14.720]  It wasn't going to happen.
[13:14.720 --> 13:23.280]  And then he exerted or purported to exert an authority he did not expressly have while
[13:23.280 --> 13:29.120]  prominently denied you the form for access to enjoyment of right, while prominently displaying
[13:29.120 --> 13:34.520]  a deadly weapon, right there in the code.
[13:34.520 --> 13:38.720]  And then, you know, they gave me that free ride, which is, you know, really and truly
[13:38.720 --> 13:45.120]  it's not a bad automobile, it's just that the seating arrangements lack something.
[13:45.120 --> 13:46.720]  Yes, they do.
[13:46.720 --> 13:52.600]  I'm familiar with those seating arrangements.
[13:52.600 --> 13:57.640]  Due to those seating arrangements and the way I was placed, I actually got to sit up
[13:57.640 --> 13:58.640]  front.
[13:58.640 --> 14:03.400]  I got to see everything and listen to the radio transmissions and everything.
[14:03.400 --> 14:09.000]  He found out real fast, even on the next, that I was totally clean.
[14:09.000 --> 14:14.000]  Well, I have been most of my life, anyway.
[14:14.000 --> 14:19.920]  I don't even have a traffic ticket in the last 40 years, but that's another whole side
[14:19.920 --> 14:28.360]  thanks to Eddie and his little program and his class on Sundays.
[14:28.360 --> 14:35.360]  But there were some photographs made of my arm by my doctor and some other things done.
[14:35.360 --> 14:43.920]  So the way I was placed in there with my hands behind my back and not allowed to sit halfway
[14:43.920 --> 14:50.760]  decently, there was a lot of damage done to my right arm, which doesn't work in the first
[14:50.760 --> 14:54.320]  place, and my left wrist.
[14:54.320 --> 14:58.320]  And now I'm supposed to put a brace on that I can't put on because I only have one hand
[14:58.320 --> 15:01.320]  and that's the hand I have to put the brace on.
[15:01.320 --> 15:06.840]  So this is an oxymoron going on here, a little conundrum.
[15:06.840 --> 15:10.600]  But this whole thing is more than just me.
[15:10.600 --> 15:13.560]  It's more than just my wife.
[15:13.560 --> 15:17.480]  We're pushing the envelope here a little bit because we have file on and we've got a lot
[15:17.480 --> 15:19.600]  of paperwork in the court right now.
[15:19.600 --> 15:24.640]  Demand to produce all the files and everything else, all the records, all the tape recordings,
[15:24.640 --> 15:26.800]  the video recordings and everything else.
[15:26.800 --> 15:33.600]  And nobody is budgeting, nobody on the PIRs, we got three of them in, all of them are delinquent.
[15:33.600 --> 15:36.720]  The complaints have already gone to the AG's office.
[15:36.720 --> 15:45.120]  But without having been said, there are other people that they have been doing this to for
[15:45.120 --> 15:51.000]  three weeks that I know of.
[15:51.000 --> 15:56.960]  And this is what the Court of Inquiry should be about.
[15:56.960 --> 15:59.480]  Yeah, oh, I agree with you.
[15:59.480 --> 16:02.800]  I am going to do the Court of Inquiry motion.
[16:02.800 --> 16:09.080]  Is it a demand or is it a motion?
[16:09.080 --> 16:11.800]  It's a petition.
[16:11.800 --> 16:13.240]  Petition for Court of Inquiry?
[16:13.240 --> 16:16.960]  It's not exactly a motion, it's a petition.
[16:16.960 --> 16:21.360]  And that's what it's named, Petition for Court of Inquiry.
[16:21.360 --> 16:23.560]  That's good, I'll get it.
[16:23.560 --> 16:30.560]  I went out and bought a brand new printer, a laser printer, just so that we would have
[16:30.560 --> 16:33.080]  enough to do what we got to do.
[16:33.080 --> 16:41.080]  And people have to realize I live five miles off grid, so all this coming to you via satellite.
[16:41.080 --> 16:46.800]  Okay, hang on, we need to close this up on the other side because we've got the board
[16:46.800 --> 16:47.800]  full of callers.
[16:47.800 --> 16:55.600]  Hang on, Randy Kelton, Steve Skidmore, we'll have our radio, our calling number, 512-646-1984,
[16:55.600 --> 17:00.720]  we'll be right back.
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[19:00.640 --> 19:20.560]  You are listening to the Logos Radio Network, thelogosradionetwork.com.
[19:20.560 --> 19:21.560]  We are back.
[19:21.560 --> 19:27.640]  Randy Kelton meets Steve Skidmore on the radio, and we're talking to Pat in Texas.
[19:27.640 --> 19:35.920]  So Pat, I'm hoping that anybody listening here who's had a similar issue would contact
[19:35.920 --> 19:36.920]  me.
[19:36.920 --> 19:44.280]  And if it's all right with you, Pat, and anyone who has an issue or would like to participate
[19:44.280 --> 19:52.040]  in resolving this issue, email me, and I will forward your emails to Pat.
[19:52.040 --> 19:55.560]  If we can get enough pressure on this, we may be able to stop these kinds of...
[19:55.560 --> 20:00.240]  Yeah, because...... blatantly illegal interdictions.
[20:00.240 --> 20:01.240]  Yeah.
[20:01.240 --> 20:06.560]  Well, the Border Patrol has no authority to do roving patrols.
[20:06.560 --> 20:13.360]  They have even less authority and no jurisdiction whatsoever to do drug interdiction.
[20:13.360 --> 20:18.520]  This has been decided in four federal cases that I know of, and recently there was a U.S.
[20:18.520 --> 20:25.120]  Supreme Court ruling that came back in the Rodriguez case just about this very issue.
[20:25.120 --> 20:33.680]  The Border Patrol, if they come across drugs in the normal pursuit of their duty, then
[20:33.680 --> 20:39.680]  they can make an arrest, but they cannot hold the individual.
[20:39.680 --> 20:42.360]  They have to be turned over to local peace officers.
[20:42.360 --> 20:50.120]  Well, you're also familiar with the authority of a DPS officer.
[20:50.120 --> 20:51.120]  Yes.
[20:51.120 --> 21:02.360]  Where it says, the Department of Public Safety shall not enforce the criminal laws except
[21:02.360 --> 21:09.560]  at the request of and under the direction of local law enforcement.
[21:09.560 --> 21:16.120]  That's correct, but you try and argue with a man who has anger management issues.
[21:16.120 --> 21:20.320]  Oh, never argue with the guys out there on the street.
[21:20.320 --> 21:30.960]  I do not, Randy, I'm a combat veteran like you are, and there's a lot of times when
[21:30.960 --> 21:38.600]  valor is called for, but the better part of valor is not standing up and arguing with
[21:38.600 --> 21:39.600]  people.
[21:39.600 --> 21:42.480]  It is knowing when to keep your mouth shut.
[21:42.480 --> 21:43.480]  Exactly.
[21:43.480 --> 21:51.760]  When you're in combat, you got to be careful about how and when you pick your battles,
[21:51.760 --> 22:00.120]  and there's a lot to be said for bushwhack.
[22:00.120 --> 22:01.800]  That skews them more than anything.
[22:01.800 --> 22:06.400]  I tell this story a bit, I don't know if you've heard this one, but this turned out to be
[22:06.400 --> 22:10.200]  one of the most powerful things I've done recently.
[22:10.200 --> 22:15.440]  I went into court, a friend of mine is having a hearing, and I walked up to the bar and
[22:15.440 --> 22:17.320]  stood at the bar while the hearing was starting.
[22:17.320 --> 22:19.560]  The judge looked up and said, may I help you?
[22:19.560 --> 22:20.800]  I said, yes, your honor.
[22:20.800 --> 22:23.840]  My name is Randy Kelton, and I have a hearing deficiency.
[22:23.840 --> 22:27.040]  Well, Mr. Kelton, that's what's wrong with your hearing.
[22:27.040 --> 22:31.840]  Oh, judge, I was down in Mexico the other day, and I had a drink too much of that cheap
[22:31.840 --> 22:38.040]  tequila, and I lost my hearing aid, and the judge said, well, Mr. Kelton, why are you
[22:38.040 --> 22:39.040]  telling me this?
[22:39.040 --> 22:41.720]  I said, well, do you have accommodation for the hearing impaired?
[22:41.720 --> 22:44.280]  No, I do not.
[22:44.280 --> 22:46.760]  I see you have a sound system here, will you turn it up?
[22:46.760 --> 22:48.120]  No, I will not.
[22:48.120 --> 22:50.560]  Well, then will you speak up?
[22:50.560 --> 22:51.560]  And he did.
[22:51.560 --> 22:55.640]  He told the plaintiff, I didn't say, shut up, he's throwing me out of the courtroom.
[22:55.640 --> 22:59.880]  So I had my hearing, I'll challenge subject matter jurisdiction.
[22:59.880 --> 23:04.560]  They started the hearing, and I objected, said, your honor, I'm here at arms length
[23:04.560 --> 23:05.840]  to the court.
[23:05.840 --> 23:08.400]  I have a challenge subject matter jurisdiction before the court.
[23:08.400 --> 23:10.360]  Yes, Mr. Kelton, you just filed that 20 minutes ago.
[23:10.360 --> 23:11.960]  Yes, your honor, matter of fact, I did.
[23:11.960 --> 23:14.880]  Well, Mr. Kelton, I'm going to deny that.
[23:14.880 --> 23:16.800]  So you're going to deny that without reading it?
[23:16.800 --> 23:17.800]  Yes, I am.
[23:17.800 --> 23:20.200]  I closed my folder, we're done here.
[23:20.200 --> 23:25.600]  I got up, got to the bar, and I turned and pointed at the bailiff, you come with me.
[23:25.600 --> 23:27.960]  There were two of them there.
[23:27.960 --> 23:31.760]  I get to the door and turn around, they're standing there looking confused.
[23:31.760 --> 23:37.560]  I turned around and said, well, and this big guy said, okay, and he comes on out.
[23:37.560 --> 23:39.200]  He said, Mr. Kelton, what can I do for you?
[23:39.200 --> 23:41.200]  I need you to arrest the judge.
[23:41.200 --> 23:44.440]  Well, why would I arrest a judge?
[23:44.440 --> 23:50.440]  For Class A misdemeanor, official oppression, criminal violation 3903, penal code, in that
[23:50.440 --> 23:56.040]  he failed to perform a duty he was required to perform, and in the process, he asked us
[23:56.040 --> 23:58.360]  to, for enjoyment of right.
[23:58.360 --> 24:01.320]  The bailiff said, and what right was that, Mr. Kelton?
[24:01.320 --> 24:07.160]  He denied me and my right to accommodation under the Americans with Disabilities Act.
[24:07.160 --> 24:11.280]  The bailiff said, well, Mr. Kelton, why didn't you tell the judge about the Americans with
[24:11.280 --> 24:12.280]  Disabilities Act?
[24:12.280 --> 24:17.880]  Heck, if I'd have done that, he might have turned the sound system up.
[24:17.880 --> 24:27.400]  The bailiff stepped back and his grin came across his face, and he said, you set him
[24:27.400 --> 24:28.400]  up.
[24:28.400 --> 24:33.360]  Yes, matter of fact, I did, and he was real accommodating.
[24:33.360 --> 24:44.000]  I got around everywhere, and after that, they treated me with absolute kid gloves.
[24:44.000 --> 24:53.760]  They were terrified, and that's why I say, never give that cop fair warning.
[24:53.760 --> 24:58.200]  You want to, you know, the rule is, if you catch somebody doing something stupid, never
[24:58.200 --> 25:02.320]  interfere with somebody when they're screwing up, or never interfere with your adversary
[25:02.320 --> 25:09.000]  when they're screwing up, let him, so you can hammer him, let him.
[25:09.000 --> 25:15.080]  If they do something dumb, first time I want them to know that I have a problem with it
[25:15.080 --> 25:22.440]  is when their boss comes down to me and asks me, or boss comes down to them and asks them,
[25:22.440 --> 25:28.080]  why is the district attorney calling me because this guy's trying to get you arrested?
[25:28.080 --> 25:37.000]  Well, the sheriff loves me like the plague, his deputies, he keeps changing deputies.
[25:37.000 --> 25:45.360]  We've been through, since I've been out here, nine series of deputies in nine years, and
[25:45.360 --> 25:48.880]  it's getting worse.
[25:48.880 --> 25:52.520]  We've requested a bunch of information and everything, and the sheriff, when I talked
[25:52.520 --> 26:01.840]  to him, today's Friday, I talked to him on Tuesday, he was very accommodating in telling
[26:01.840 --> 26:06.040]  me where I could go and how to get there.
[26:06.040 --> 26:07.040]  Wonderful.
[26:07.040 --> 26:13.760]  Yeah, and I already told him, I said, I'm not going to argue with you.
[26:13.760 --> 26:14.760]  Charging with official oppression.
[26:14.760 --> 26:18.000]  Oh, he's going to get charged with more than that.
[26:18.000 --> 26:21.440]  He's already got four charges going right now.
[26:21.440 --> 26:28.240]  And you start filing against him in other counties.
[26:28.240 --> 26:30.800]  That's going to get everybody really excited.
[26:30.800 --> 26:35.360]  And then when the other, when the prosecutor in the other county interferes with your access
[26:35.360 --> 26:40.120]  to the grand jury in that county, you file against that prosecutor in another county.
[26:40.120 --> 26:42.520]  That's a good idea.
[26:42.520 --> 26:46.920]  I like your idea about that because it solves some issues.
[26:46.920 --> 26:55.200]  But going back to everybody else out here, if they know of anybody, or if they themselves
[26:55.200 --> 27:07.080]  have been harassed, had something confiscated or stopped in this type of a situation, we
[27:07.080 --> 27:13.920]  need to know it because it all goes not just to fighting the criminals, and they got me
[27:13.920 --> 27:20.920]  set right now for evading or evading arrest or detention with a motor vehicle, which is
[27:20.920 --> 27:26.720]  a class four state jail felony, so two year vacation.
[27:26.720 --> 27:32.520]  But right up front, they have to prove intent and they can't do that because of everything.
[27:32.520 --> 27:35.400]  But that's an aside on this one.
[27:35.400 --> 27:42.520]  But when you have the border patrol involved with stops, they suddenly have taken on a
[27:42.520 --> 27:46.440]  character that is criminal.
[27:46.440 --> 27:51.960]  And we've got to stop this because if it doesn't stop, it's going to only get worse.
[27:51.960 --> 27:59.200]  Oh, wait, wait, I have a suggestion before I lose it.
[27:59.200 --> 28:01.760]  Exculpatory evidence.
[28:01.760 --> 28:09.400]  In order for them to proceed, they have to seek an indictment.
[28:09.400 --> 28:19.640]  Prepare exculpatory evidence for the grand jury and present it to the magistrate judge
[28:19.640 --> 28:26.800]  at the hearing and then mail it to the foreman of the grand jury at the district attorney's
[28:26.800 --> 28:29.800]  office.
[28:29.800 --> 28:32.440]  2.01 Texas Code of Criminal Procedure.
[28:32.440 --> 28:37.560]  It shall be the primary duty of the prosecuting attorney not to secure conviction, but to
[28:37.560 --> 28:39.680]  ensure that justice is served.
[28:39.680 --> 28:42.240]  I'm paraphrasing a little here because it's kind of long.
[28:42.240 --> 28:46.120]  He shall not seek with witnesses or evidence that would show the innocence of the accused
[28:46.120 --> 28:48.120]  to mitigate the guilt of the accused.
[28:48.120 --> 28:53.040]  Yeah, we put the DA a little letter.
[28:53.040 --> 28:54.040]  Send in the...
[28:54.040 --> 29:02.360]  Or send it to the grand jury and send it to the foreman of the grand jury registered restricted
[29:02.360 --> 29:05.880]  so only the foreman can sign for it.
[29:05.880 --> 29:10.880]  And you can find the foreman's name by going down and looking at any indictments that have
[29:10.880 --> 29:11.880]  been filed.
[29:11.880 --> 29:14.440]  Oh, I don't even have to do that.
[29:14.440 --> 29:22.840]  The district court clerk is also our county clerk and everything else.
[29:22.840 --> 29:32.000]  She called me the other day because the court coordinator had mailed out my notice of demand
[29:32.000 --> 29:37.880]  for appearance, notice of appearance for the court, for the examining trial, but failed
[29:37.880 --> 29:39.400]  to send it out certified.
[29:39.400 --> 29:42.800]  So she called to make sure I got it.
[29:42.800 --> 29:44.480]  Make sure you got it.
[29:44.480 --> 29:45.480]  Okay.
[29:45.480 --> 29:46.480]  Hang on.
[29:46.480 --> 29:47.480]  But we really need to finish up on the other side.
[29:47.480 --> 30:02.360]  Randy Kelton, Steve Skidmore, Raw Radio, we'll be right back.
[30:02.360 --> 30:06.880]  Well the rest of us ooh and ah over what Hollywood stars are wearing on the red carpet, Paco
[30:06.880 --> 30:10.240]  Rostain is up to his elbows in their garbage, literally.
[30:10.240 --> 30:15.120]  I'm Dr. Catherine Albrecht and I'll be back to talk trash in just a moment.
[30:15.120 --> 30:16.720]  Privacy is under attack.
[30:16.720 --> 30:21.120]  When you give up data about yourself, you'll never get it back again and once your privacy
[30:21.120 --> 30:25.120]  is gone, you'll find your freedoms will start to vanish too.
[30:25.120 --> 30:30.240]  So protect your rights, say no to surveillance and keep your information to yourself.
[30:30.240 --> 30:32.880]  Privacy, it's worth hanging on to.
[30:32.880 --> 30:37.160]  This public service announcement is brought to you by Startpage.com, the private search
[30:37.160 --> 30:40.680]  engine alternative to Google, Yahoo and Bing.
[30:40.680 --> 30:43.960]  Start over with Startpage.
[30:43.960 --> 30:46.160]  Your trash speaks volumes about you.
[30:46.160 --> 30:48.960]  Just ask garbage snoop artist Paco Rostain.
[30:48.960 --> 30:54.000]  He profiles luminaries like Madonna and Mel Gibson by analyzing their discards and photographing
[30:54.000 --> 30:55.000]  the evidence.
[30:55.000 --> 30:59.680]  His fines range from the trivial like Sharon Stone's 12 empty cans of peach halves to the
[30:59.680 --> 31:03.640]  downright embarrassing like the adult diaper from Larry King's trash.
[31:03.640 --> 31:05.880]  Larry vehemently denied it was his.
[31:05.880 --> 31:11.600]  The cognoscenti plunked down upwards of $6,000 per framed photo of images like Arnold Schwarzenegger's
[31:11.600 --> 31:12.960]  Cuban cigar stubs.
[31:12.960 --> 31:14.560]  Isn't this illegal?
[31:14.560 --> 31:15.560]  Nope.
[31:15.560 --> 31:19.520]  In U.S. jurisdictions, it's perfectly legal to go through someone else's curbside trash
[31:19.520 --> 31:20.520]  without permission.
[31:20.520 --> 31:21.520]  Even yours.
[31:21.520 --> 31:24.400]  So even if you're not rich and famous, think before you toss.
[31:24.400 --> 31:26.040]  I'm Dr. Catherine Albrecht.
[31:26.040 --> 31:28.640]  More news and information at CatherineAlbrecht.com.
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[31:51.920 --> 32:02.360]  Call 888-910-4367 and see what our powder, seeds, and oil can do for you, only at HempUSA.org.
[32:02.360 --> 32:05.160]  Rule of Law Radio is proud to offer the Rule of Law traffic seminar.
[32:05.160 --> 32:08.960]  In today's America, we live in an us-against-them society, and if we the people are ever going
[32:08.960 --> 32:12.880]  to have a free society, then we're going to have to stand and defend our own rights.
[32:12.880 --> 32:16.120]  Among those rights are the right to travel freely from place to place, the right to act
[32:16.120 --> 32:19.840]  in our own private capacity, and most importantly, the right to due process of law.
[32:19.840 --> 32:24.000]  Traffic courts afford us the least expensive opportunity to learn how to enforce and preserve
[32:24.000 --> 32:25.480]  our rights through due process.
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[32:29.360 --> 32:33.120]  most comprehensive teaching tool available that will help you understand what due process
[32:33.120 --> 32:35.520]  is and how to hold courts to the rule of law.
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[32:39.520 --> 32:40.840]  ordering your copy today.
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[32:44.200 --> 32:48.600]  The Law Versus the Lie, video and audio of the original 2009 seminar, hundreds of research
[32:48.600 --> 32:50.920]  documents, and other useful resource material.
[32:50.920 --> 32:54.120]  Learn how to fight for your rights with the help of this material from ruleoflawradio.com.
[32:54.120 --> 33:12.200]  Order your copy today and together we can have the free society we all want and deserve.
[33:12.200 --> 33:41.440]  Okay, we are back.
[33:41.440 --> 33:47.760]  Randy Kelton, Steve Skidmore, Rule of Law Radio, and Pat, since you were on, we decided
[33:47.760 --> 33:51.640]  to finally bring on the super chomp.
[33:51.640 --> 33:58.760]  Pat, say hello to Mr. Skidmore.
[33:58.760 --> 34:03.080]  Oh, I guess it'd be easier for you to-
[34:03.080 --> 34:04.080]  You've got to unmute him.
[34:04.080 --> 34:05.080]  Okay, okay.
[34:05.080 --> 34:07.080]  Now say hello to Mr. Skidmore.
[34:07.080 --> 34:08.080]  Hi, Steve.
[34:08.080 --> 34:09.080]  Hi, Pat.
[34:09.080 --> 34:15.040]  Sorry, I made it so late, but I did make it.
[34:15.040 --> 34:16.040]  I understand.
[34:16.040 --> 34:19.920]  That is just the nature of the beast, senior.
[34:19.920 --> 34:22.920]  Well, life is hard for a working man.
[34:22.920 --> 34:25.800]  All right, all right, all right.
[34:25.800 --> 34:30.800]  This crap of having to work is interfering with our entertainment.
[34:30.800 --> 34:31.800]  Yes it is.
[34:31.800 --> 34:34.280]  It has been for some time.
[34:34.280 --> 34:43.360]  Pat, I'm fully aware of your situation, but I do apologize for making it late to the air.
[34:43.360 --> 34:48.040]  Wherever you were, pick it up and take it off.
[34:48.040 --> 34:50.640]  Actually, we were pretty well finishing it up.
[34:50.640 --> 34:51.640]  Okay.
[34:51.640 --> 34:57.320]  We're just trying to get people in similarly situated to call in, contact him, contact
[34:57.320 --> 34:58.320]  us.
[34:58.320 --> 34:59.320]  Certainly.
[34:59.320 --> 35:00.320]  Yeah.
[35:00.320 --> 35:01.320]  Go ahead, Pat.
[35:01.320 --> 35:08.800]  Yeah, if anybody out there has had this type of problem or knows of someone that has had
[35:08.800 --> 35:13.960]  this problem, either been arrested, has got a drug charge they're facing they know they're
[35:13.960 --> 35:18.240]  not guilty of, or, well, let's look at it this way.
[35:18.240 --> 35:28.320]  The board of patrol in TCCP in chapter two under special investigators outlined as not
[35:28.320 --> 35:33.800]  a peace officer in the state of Texas under the laws of the state.
[35:33.800 --> 35:34.800]  Number one.
[35:34.800 --> 35:35.800]  Number two, they're drug...
[35:35.800 --> 35:36.800]  Wait a minute.
[35:36.800 --> 35:37.800]  Wait a minute.
[35:37.800 --> 35:38.800]  Let me address that slightly.
[35:38.800 --> 35:48.400]  A DPS officer, while he may be certified as a peace officer, he is not employed as a
[35:48.400 --> 35:50.320]  peace officer.
[35:50.320 --> 35:56.720]  He's employed as a police officer and in Texas, that's a traffic cop.
[35:56.720 --> 36:01.920]  Yeah, well, that's all the DPS is, is traffic cops.
[36:01.920 --> 36:07.400]  But don't tell them that half these guys got anger management issues and they carry 40
[36:07.400 --> 36:13.360]  calibers with hollow points and they will cause a major sucking head wound.
[36:13.360 --> 36:19.640]  So please do not, do not get into a verbal discussion with them on the side of the highway.
[36:19.640 --> 36:21.760]  It does no good.
[36:21.760 --> 36:24.200]  Your fight is, I agree 100%.
[36:24.200 --> 36:29.040]  Your fight is not with the armed two digit IQ on the side of the dark highway.
[36:29.040 --> 36:30.040]  Your fight is in court.
[36:30.040 --> 36:31.040]  I have that much?
[36:31.040 --> 36:32.040]  I'm sorry.
[36:32.040 --> 36:35.400]  Well, the benefit of the doubt.
[36:35.400 --> 36:39.240]  Yeah, well, I was lucky in a lot of ways.
[36:39.240 --> 36:44.200]  They did not lose their composure too much when I started laughing at them.
[36:44.200 --> 36:49.800]  They looked like a bunch of children running around with toy guns, but I have experience
[36:49.800 --> 36:51.560]  that most people do not have.
[36:51.560 --> 36:55.480]  So please do not aggravate these people, do not laugh at them.
[36:55.480 --> 36:56.480]  They are dangerous.
[36:56.480 --> 37:02.280]  They have badges, they have guns and they have an attitude.
[37:02.280 --> 37:05.840]  I have a lot of friends in law enforcement.
[37:05.840 --> 37:07.920]  Please understand this.
[37:07.920 --> 37:14.040]  I have worked closely with law enforcement for many years doing a lot of things and I
[37:14.040 --> 37:17.400]  have a great deal of respect for a great many people.
[37:17.400 --> 37:27.760]  But the ones that I am meeting now have a very large ego and a very small pinhead and
[37:27.760 --> 37:34.240]  they carry a very large automatic pistol on their hip.
[37:34.240 --> 37:39.120]  And so long as they think they have what they call authority, they're going to pull the
[37:39.120 --> 37:40.120]  trigger.
[37:40.120 --> 37:41.120]  It's all over YouTube.
[37:41.120 --> 37:42.120]  They will.
[37:42.120 --> 37:43.120]  Yeah.
[37:43.120 --> 37:46.120]  Don't argue with them.
[37:46.120 --> 37:48.680]  Anybody that knows me out here knows me very, very well.
[37:48.680 --> 37:51.840]  I do not argue with these people on the side of the road.
[37:51.840 --> 37:53.200]  I do not stop for them.
[37:53.200 --> 37:54.880]  I go to a place of safety.
[37:54.880 --> 38:00.960]  I am physically handicapped and this is what they don't like.
[38:00.960 --> 38:09.520]  Last year I had a parade going into the sheriff's office from out, oh, I don't know, I was 15
[38:09.520 --> 38:15.000]  miles out or so and they just followed me all the way into the parking lot and deployed
[38:15.000 --> 38:20.880]  into a SWAT formation around my van and that was a year ago.
[38:20.880 --> 38:26.480]  At that time I was able to get cell reception and actually dial 911 and get through.
[38:26.480 --> 38:36.320]  Where I was at on the 23rd of March, I was in a rural location and I had absolutely no
[38:36.320 --> 38:37.320]  cell reception.
[38:37.320 --> 38:43.360]  Now, there was two reasons for it because I normally have cell reception right there.
[38:43.360 --> 38:52.240]  One of them is either they shut the tower down or they took bandwidth from me, one of
[38:52.240 --> 38:57.440]  the two, and believe me, they do have the equipment to do that.
[38:57.440 --> 39:05.520]  Either DPS has been given it or I do know for a fact that Border Patrol does have it.
[39:05.520 --> 39:11.240]  I have looked down the wrong end of the locks on my own property too many times.
[39:11.240 --> 39:18.840]  I have had too many M4s pointed at me from fellow, supposed fellow countrymen.
[39:18.840 --> 39:26.440]  So I have my doubts and these men are less than half my age.
[39:26.440 --> 39:30.040]  So I'm wondering what they've been drinking.
[39:30.040 --> 39:35.200]  There's something special in that Kool-Aid, I'm not sure, but they definitely do not have
[39:35.200 --> 39:40.240]  a set of gonads that would be fitting an individual of intelligence.
[39:40.240 --> 39:43.520]  Steroids, anabolic steroids.
[39:43.520 --> 39:50.320]  Well, a lot of them do take it and it causes anger management issues.
[39:50.320 --> 39:51.320]  Definitely.
[39:51.320 --> 39:56.280]  So be advised, do not argue with these people.
[39:56.280 --> 40:02.560]  The man that I was facing the other side of that lock down on, his trigger finger was
[40:02.560 --> 40:07.320]  doing a dance on that trigger and I was just waiting to get hit.
[40:07.320 --> 40:16.360]  They have wanted easy access to my property for years, I have refused.
[40:16.360 --> 40:23.640]  Now they have gotten the keys and as my wife said, what's the cost of our security?
[40:23.640 --> 40:29.440]  What is the cost of the security of my family and my animals?
[40:29.440 --> 40:33.480]  Because they have in the past open gates, let animals out on the highway and sat there
[40:33.480 --> 40:41.560]  and laughed at my wife as I was not home and when I found out about it, the station chief
[40:41.560 --> 40:43.400]  and I had more than just words.
[40:43.400 --> 40:53.080]  I told them if it ever happened again, somebody was going to pay a very heavy price.
[40:53.080 --> 40:56.240]  The Border Patrol are federal agents.
[40:56.240 --> 41:05.200]  Their jurisdiction is lined out very specifically and they have none except for where the state
[41:05.200 --> 41:06.720]  gives it to them.
[41:06.720 --> 41:15.560]  Do not listen to this fiasco about a 25 mile constitutional free zone or a 100 mile constitutional
[41:15.560 --> 41:23.440]  free zone for if you follow the logic trail here, if the constitution does not exist in
[41:23.440 --> 41:27.320]  that area, then there is no basis for law.
[41:27.320 --> 41:31.680]  If there is no basis for law, then there is no basis for their agency.
[41:31.680 --> 41:38.000]  They are unemployed other than to be agents that are out robbing people.
[41:38.000 --> 41:46.240]  They are armed and they are dangerous and where you have no law, you have rule of might.
[41:46.240 --> 41:52.200]  Rule of might is only in free fire zones.
[41:52.200 --> 41:54.120]  That is a combat zone.
[41:54.120 --> 42:08.960]  If they want war, they can have war, but they need to understand what they are asking for.
[42:08.960 --> 42:15.920]  We want to avoid that particular place at all cost because if we go into that logic
[42:15.920 --> 42:24.000]  train and grant them their constitutional free zone, then we are buying into their illogical
[42:24.000 --> 42:30.720]  assertion that we have no rights, we, the people of this country.
[42:30.720 --> 42:32.720]  Okay, Pat, we really need to move along.
[42:32.720 --> 42:33.720]  I've got some callers.
[42:33.720 --> 42:34.720]  I'm sorry.
[42:34.720 --> 42:38.640]  That's my soapbox and I will get off of it tonight.
[42:38.640 --> 42:41.600]  Please don't apologize for departing knowledge.
[42:41.600 --> 42:42.600]  Thank you.
[42:42.600 --> 42:49.040]  This is how I addressed that soapbox when I had a judge get upset with me.
[42:49.040 --> 42:54.680]  I told him, you kicked that soapbox up under my feet.
[42:54.680 --> 42:57.960]  You don't get to find that I stand squarely on it.
[42:57.960 --> 43:03.680]  Yeah, well, there's only four boxes that are used and I'll leave that one up to you all
[43:03.680 --> 43:05.360]  to figure out.
[43:05.360 --> 43:07.080]  Three of them are useless.
[43:07.080 --> 43:09.960]  Yeah, I know that.
[43:09.960 --> 43:12.200]  The fourth one is a final solution.
[43:12.200 --> 43:13.200]  I know.
[43:13.200 --> 43:14.200]  Yeah.
[43:14.200 --> 43:15.200]  So.
[43:15.200 --> 43:16.200]  Okay.
[43:16.200 --> 43:17.200]  Thank you, Pat.
[43:17.200 --> 43:24.840]  Anybody who wants to come out to the hearing, it's the 12th of May at 1030 in Sanderson
[43:24.840 --> 43:27.080]  at the 83rd District Court.
[43:27.080 --> 43:30.640]  I would appreciate anybody and everybody that showed up.
[43:30.640 --> 43:35.200]  Say it, give that address, give the location again.
[43:35.200 --> 43:45.560]  Sanderson, Texas, it's 120 miles west of Del Rio on Highway 90.
[43:45.560 --> 43:50.640]  At 1030 is when the court starts, 1030 in the morning on the 12th of May.
[43:50.640 --> 43:51.640]  Okay.
[43:51.640 --> 43:52.640]  We're about to go to break, Pat.
[43:52.640 --> 43:53.640]  We'll be right after.
[43:53.640 --> 43:54.640]  Go.
[43:54.640 --> 43:55.640]  Thank you.
[43:55.640 --> 43:56.640]  Elton C. Skidmore, Wheelbar Radio.
[43:56.640 --> 43:57.640]  We'll be right back.
[43:57.640 --> 43:58.640]  Hello.
[43:58.640 --> 44:08.000]  My name is Stuart Smith from naturespureorganics.com, and I would like to invite you to come by
[44:08.000 --> 44:12.280]  our store at 1904 Guadalupe Street, Suite D here in Austin, Texas.
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[44:14.280 --> 44:17.640]  To see all our fantastic health and wellness products with your very own eyes.
[44:17.640 --> 44:22.120]  Have a look at our Miracle Healing Clay that started our adventure in alternative medicine.
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[44:30.400 --> 44:37.640]  Call 512-264-4043, or find us online at naturespureorganics.com.
[44:37.640 --> 44:43.280]  That's 512-264-4043, naturespureorganics.com.
[44:43.280 --> 45:01.320]  Don't forget to like us on Facebook for information on events and our products, naturespureorganics.com.
[45:01.320 --> 45:04.520]  Are you the plaintiff or defendant in a lawsuit?
[45:04.520 --> 45:10.080]  Win your case without an attorney with Jurisdictionary, the affordable, easy to understand, core
[45:10.080 --> 45:14.360]  CD course that will show you how in 24 hours, step-by-step.
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[45:28.120 --> 45:33.560]  Jurisdictionary was created by a licensed attorney with 22 years of case-winning experience.
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[45:43.680 --> 45:49.840]  You'll receive our audio classroom, video seminar, tutorials, forms for civil cases,
[45:49.840 --> 46:10.160]  pro se tactics, and much more, please visit ruleoflawradio.com and click on the banner
[46:10.160 --> 46:21.720]  on the bottom of the screen.
[46:21.720 --> 46:22.720]  We are back.
[46:22.720 --> 46:27.440]  Randy Kelton, Steve Skidmore, Rule of Law Radio, and we're going to go to Eric in Georgia.
[46:27.440 --> 46:29.240]  We do need to move along a little faster.
[46:29.240 --> 46:33.800]  I took up a lot of time with Pat, but Pat has good information.
[46:33.800 --> 46:40.120]  It's been a while since we've had him on, and he has fought these border patrols
[46:40.120 --> 46:41.720]  for a very long time.
[46:41.720 --> 46:42.720]  Years.
[46:42.720 --> 46:45.200]  Yes, and he doesn't back down.
[46:45.200 --> 46:46.200]  Okay, Eric.
[46:46.200 --> 46:50.280]  And he doesn't have to hang off the water tower to get a signal anymore.
[46:50.280 --> 46:51.280]  Well, that's good.
[46:51.280 --> 46:52.280]  That's a big plus.
[46:52.280 --> 46:53.280]  Okay, Eric, what do you have for us?
[46:53.280 --> 46:54.280]  Hey, Andy, can you hear me good?
[46:54.280 --> 46:55.280]  We can hear you fine.
[46:55.280 --> 46:56.280]  Oh, okay, okay.
[46:56.280 --> 46:57.280]  I received a letter on Wednesday from a private debt collector in reference to some tax money
[46:57.280 --> 46:58.280]  that I owed for 20 years.
[46:58.280 --> 47:19.920]  Well, in that 20 years, we paid off that debt to the state, but the state still sent a letter
[47:19.920 --> 47:24.760]  to the private debt collector, and the private debt collector sent the letter saying that
[47:24.760 --> 47:25.760]  we owed money.
[47:25.760 --> 47:26.760]  Do you have a receipt?
[47:26.760 --> 47:36.080]  No, but we have a letter saying that the taxes have been paid off, and that we've released
[47:36.080 --> 47:37.080]  the payment plan.
[47:37.080 --> 47:39.080]  Who is the letter from?
[47:39.080 --> 47:46.240]  It's a debt collector, professional recovery consultants out of North Carolina.
[47:46.240 --> 47:47.240]  So you...
[47:47.240 --> 47:48.240]  Okay, let me...
[47:48.240 --> 47:50.960]  This is kind of confusing.
[47:50.960 --> 47:55.000]  It sounds like you're getting a letter from a debt collector that says you owe on a debt
[47:55.000 --> 47:57.000]  that's been paid off.
[47:57.000 --> 47:58.000]  Correct.
[47:58.000 --> 47:59.000]  Yes, sir.
[47:59.000 --> 48:05.640]  I apologize for laughing, but that...
[48:05.640 --> 48:06.640]  It's laughable.
[48:06.640 --> 48:07.640]  Yes, I know.
[48:07.640 --> 48:08.640]  It's crazy to me, too.
[48:08.640 --> 48:09.640]  But the funny thing is that I called a...
[48:09.640 --> 48:10.640]  I talked to...
[48:10.640 --> 48:15.640]  I called back to the private debt collector, and I got some more information, and I asked
[48:15.640 --> 48:21.400]  for, you know, a verification of the debt.
[48:21.400 --> 48:25.360]  He refused at first, and he said that we got the...
[48:25.360 --> 48:31.600]  Well, when you say you asked for verification of debt, you're telling me this is over the
[48:31.600 --> 48:32.600]  telephone?
[48:32.600 --> 48:33.600]  Correct.
[48:33.600 --> 48:34.600]  Yes, sir.
[48:34.600 --> 48:35.600]  Okay.
[48:35.600 --> 48:41.120]  Have you read the Fair Debt Collection Practices Act?
[48:41.120 --> 48:42.960]  Yes, sir.
[48:42.960 --> 48:43.960]  You have?
[48:43.960 --> 48:44.960]  Yes, I have.
[48:44.960 --> 48:45.960]  Mr. Mears is...
[48:45.960 --> 48:46.960]  Okay, good.
[48:46.960 --> 48:59.000]  Then you should be very familiar with Section 16, what is it, Randy?
[48:59.000 --> 49:01.760]  Verification of Debt or Request or Demand for Verification?
[49:01.760 --> 49:02.760]  Yes.
[49:02.760 --> 49:04.760]  I think it's 1692.
[49:04.760 --> 49:07.760]  It's 1682, I believe.
[49:07.760 --> 49:08.760]  1682G.
[49:08.760 --> 49:13.160]  1682 or 92G, yeah.
[49:13.160 --> 49:19.480]  If you go back and read that, your request must be in writing.
[49:19.480 --> 49:22.200]  Over the telephone is insufficient.
[49:22.200 --> 49:25.320]  You've got to have a paper trail.
[49:25.320 --> 49:27.040]  When something calls for...
[49:27.040 --> 49:33.400]  When a statute calls for written notice or written request or written demand, that means
[49:33.400 --> 49:39.100]  that you need to be able to verify that they received it, the other party, that is.
[49:39.100 --> 49:46.480]  That means that you need to put something in writing, reduce your thoughts to writing
[49:46.480 --> 49:54.600]  and send that writing via United States Certified Return Receipt Request.
[49:54.600 --> 50:03.280]  When you get that green card back, you can prove that they received it from, I know I'm
[50:03.280 --> 50:11.640]  thinking Respondentila, in FDCPA, they've got five days, I believe, no.
[50:11.640 --> 50:19.080]  I'm still thinking, Randy, do you remember the response, the time they've got to respond
[50:19.080 --> 50:23.680]  to the request, to the demand validate?
[50:23.680 --> 50:31.120]  They have five days to notify you that they received it, and I think it's 30 days to respond.
[50:31.120 --> 50:33.120]  I thought that was UWR.
[50:33.120 --> 50:42.480]  It used to be, no, good comment, I'm not sure.
[50:42.480 --> 50:50.720]  That's where I was going to go, is five days to acknowledge that they received.
[50:50.720 --> 50:55.800]  That's the acknowledgement, and then 30 days from the day of reception or the day of receipt
[50:55.800 --> 50:58.000]  to respond.
[50:58.000 --> 51:05.000]  But I'm thinking that goes to a Qualified Written Request via RESPA.
[51:05.000 --> 51:08.480]  Good point, I have to look it back up.
[51:08.480 --> 51:12.280]  At any rate- Look that up.
[51:12.280 --> 51:15.000]  A request, yeah, look that up.
[51:15.000 --> 51:18.440]  A request over the telephone is invalid.
[51:18.440 --> 51:22.840]  You've got no way of showing or proving unless you've recorded it, and you've got to be careful
[51:22.840 --> 51:25.160]  of that in your respective state.
[51:25.160 --> 51:29.280]  I don't know about Georgia, but in Texas it's a one-party state.
[51:29.280 --> 51:34.320]  I can record any telephone conversation, but in some states they get kind of quirky about
[51:34.320 --> 51:35.320]  that.
[51:35.320 --> 51:38.320]  Yes, I got it recorded.
[51:38.320 --> 51:45.120]  I got the phone call recorded with the private debt collector, and then I called the state
[51:45.120 --> 51:51.160]  asking for information about the debt, and I got that phone call recorded, and at the
[51:51.160 --> 51:53.280]  end of the phone call- Okay.
[51:53.280 --> 51:58.360]  Did you send anything to them in writing demanding validation of the debt?
[51:58.360 --> 51:59.360]  Yes, sir.
[51:59.360 --> 52:02.840]  I sent some to the private debt collector today.
[52:02.840 --> 52:03.840]  Did you get a response?
[52:03.840 --> 52:04.840]  Not yet.
[52:04.840 --> 52:05.840]  I just sent it off today.
[52:05.840 --> 52:06.840]  Okay.
[52:06.840 --> 52:07.840]  Okay.
[52:07.840 --> 52:08.840]  Okay.
[52:08.840 --> 52:09.840]  Friday, today.
[52:09.840 --> 52:10.840]  All right.
[52:10.840 --> 52:15.840]  And I'm going to wait for a response.
[52:15.840 --> 52:18.160]  The question is, my question is-
[52:18.160 --> 52:23.720]  Okay, before we get to your question, did you send that certified receipt request?
[52:23.720 --> 52:24.720]  Yes, sir.
[52:24.720 --> 52:25.720]  I sure did.
[52:25.720 --> 52:26.720]  Good for you.
[52:26.720 --> 52:27.720]  Okay.
[52:27.720 --> 52:28.720]  Question.
[52:28.720 --> 52:40.720]  My question is, can you tell somebody responsible for this, because they didn't ever verify
[52:40.720 --> 52:47.760]  the debt in the first place to see if it was right, because it would only take a cursory
[52:47.760 --> 52:51.120]  search to figure out this wasn't right in the first place.
[52:51.120 --> 52:52.120]  Okay.
[52:52.120 --> 52:53.120]  Watch your language.
[52:53.120 --> 52:55.440]  Verification is not validation.
[52:55.440 --> 52:59.400]  Verification is a notary seal.
[52:59.400 --> 53:02.480]  Validation is what you seek.
[53:02.480 --> 53:08.840]  You want them to validate the... You want to know the validity of the debt.
[53:08.840 --> 53:10.320]  Is this a valid debt?
[53:10.320 --> 53:13.700]  I have a piece of paper that says, no, it's not.
[53:13.700 --> 53:14.700]  It's not a debt.
[53:14.700 --> 53:17.680]  It's been paid in full.
[53:17.680 --> 53:20.880]  What do you got?
[53:20.880 --> 53:27.480]  You want them to prove up agency standing and capacity.
[53:27.480 --> 53:29.280]  Is there anything filed in court yet?
[53:29.280 --> 53:30.280]  No, sir.
[53:30.280 --> 53:31.280]  No.
[53:31.280 --> 53:32.280]  There's nothing filed.
[53:32.280 --> 53:33.280]  Okay.
[53:33.280 --> 53:40.040]  The thing is, I'm trying to get prepared for is, I want to... I got the phone calls recorded,
[53:40.040 --> 53:46.800]  and I want to be able to use that to, if something does happen, to get them off my back, basically.
[53:46.800 --> 53:49.560]  That's a good deal.
[53:49.560 --> 53:51.760]  Yeah.
[53:51.760 --> 53:58.280]  When you have a recording, go back to the very beginning of the recording and type everything
[53:58.280 --> 54:00.600]  into Word.
[54:00.600 --> 54:04.120]  Every word, every syllable.
[54:04.120 --> 54:10.560]  When someone else is talking, jump down, get their name.
[54:10.560 --> 54:14.000]  Have you ever read a transcript, a court transcript?
[54:14.000 --> 54:15.680]  Yes, sir.
[54:15.680 --> 54:17.960]  This is what you want it to look like.
[54:17.960 --> 54:22.080]  For those of you who are listening, if you've never seen a court transcript, you need to
[54:22.080 --> 54:29.960]  see one, because if you record someone's conversation, it's very good to have the conversation in
[54:29.960 --> 54:35.840]  written form, and Randy can tell you a story about this, but to have the conversation in
[54:35.840 --> 54:43.900]  transcript and have that transcript mimic that which would be presented or purchased
[54:43.900 --> 54:47.720]  from a court reporter.
[54:47.720 --> 54:53.160]  Any transcript will do, but follow the form and format.
[54:53.160 --> 54:56.640]  When one speaks, when the other speaks.
[54:56.640 --> 54:59.760]  Let me give you a strategy.
[54:59.760 --> 55:05.160]  Never tell them that, never offer that you recorded them.
[55:05.160 --> 55:11.600]  You take, you don't even give them the transcript, but if you expect to be questioned, because
[55:11.600 --> 55:19.600]  I was on the stand, and he's asking me about something that occurred two years earlier,
[55:19.600 --> 55:23.880]  and I'm telling them what I said and what the other person said, and he asked me if
[55:23.880 --> 55:28.440]  I was sure that was what was said, absolutely, this is exactly what was said.
[55:28.440 --> 55:33.320]  Well, Mr. Kelton, you must have a perfect memory, oh no, I have a horrible memory.
[55:33.320 --> 55:36.360]  Well, then how do you know this is exactly what was said?
[55:36.360 --> 55:39.280]  Well, I took it from the transcript.
[55:39.280 --> 55:40.280]  What transcript?
[55:40.280 --> 55:42.280]  And the judge is sitting up there.
[55:42.280 --> 55:47.240]  When I said transcript, the judge has kind of ducked his head, put his head in his hand
[55:47.240 --> 55:49.360]  because he saw it coming.
[55:49.360 --> 55:51.040]  The lawyer didn't.
[55:51.040 --> 55:52.040]  What transcript?
[55:52.040 --> 55:57.000]  Oh, the one I made of the recording, objection, no, no.
[55:57.000 --> 56:00.240]  You opened the door, counselor.
[56:00.240 --> 56:05.120]  This goes to a foundation.
[56:05.120 --> 56:14.440]  You can't enter the transcript of a recording unless the other side asks a question about
[56:14.440 --> 56:16.600]  it.
[56:16.600 --> 56:21.960]  Once he asks the question about it, he's established foundation for you to bring it in, so that's
[56:21.960 --> 56:23.960]  how I'd use a recording.
[56:23.960 --> 56:26.360]  Does that make sense, Eric?
[56:26.360 --> 56:28.360]  Yes, it sure does.
[56:28.360 --> 56:33.920]  It helps me a lot because I want to start setting up in case they continue with this
[56:33.920 --> 56:40.120]  because I don't notice there the agent for the Department of Revenue is going to talk
[56:40.120 --> 56:45.920]  to the private debt collector now and try to get this sorted out, but if they continue
[56:45.920 --> 56:50.040]  with it, I want to go ahead and set them up, basically.
[56:50.040 --> 56:56.040]  You'd mentioned earlier that you had something from a debt collector that said that the debt
[56:56.040 --> 56:57.680]  had been satisfied.
[56:57.680 --> 57:02.480]  Do you have anything from the state showing that the debt had been satisfied?
[57:02.480 --> 57:10.080]  No, I'm not sure if the... You might want to go get that.
[57:10.080 --> 57:15.240]  The state sent me a letter saying the debt had been satisfied.
[57:15.240 --> 57:21.080]  I got the Dunning letter on Wednesday from the private debt collector.
[57:21.080 --> 57:27.920]  This debt was paid back in February and the state sent me a letter saying all the claims
[57:27.920 --> 57:30.920]  had been satisfied.
[57:30.920 --> 57:36.000]  Can you go back to the state and get a copy of their receipt?
[57:36.000 --> 57:38.960]  Bet you can.
[57:38.960 --> 57:43.480]  Should I get them to send that to me by mail?
[57:43.480 --> 57:44.560]  Go down there.
[57:44.560 --> 57:46.520]  Go to the same place.
[57:46.520 --> 57:48.240]  Did you mail in your payment?
[57:48.240 --> 57:49.960]  No, I sure didn't.
[57:49.960 --> 57:55.920]  It was all done by bank transfer.
[57:55.920 --> 57:59.120]  How far away from you is the place of payment?
[57:59.120 --> 58:01.360]  We're coming up to a break.
[58:01.360 --> 58:02.360]  Make it quick.
[58:02.360 --> 58:03.360]  About 400 miles.
[58:03.360 --> 58:04.360]  Oh, good Lord.
[58:04.360 --> 58:13.240]  Then, yeah, I would make a request to that office 400 miles away for them to send you
[58:13.240 --> 58:22.800]  a copy of the receipt showing that you paid the tax or whatever it was.
[58:22.800 --> 58:23.800]  Stay there, Eric.
[58:23.800 --> 58:30.120]  If you'd like to touch us a little bit more on the other side of this break, folks, 512-646-1984
[58:30.120 --> 58:32.320]  will put you in touch.
[58:32.320 --> 58:34.160]  We've got several callers online.
[58:34.160 --> 58:37.920]  We'll get to you as quick as we can.
[58:37.920 --> 58:46.760]  Until then, go by LogosRadioNetwork.com and visit our sponsors.
[58:46.760 --> 58:47.760]  We'll be right back.
[58:47.760 --> 58:48.760]  Stay tuned.
[58:48.760 --> 58:54.480]  Would you like to make more definite progress in your walk with God?
[58:54.480 --> 58:59.680]  Bibles for America is offering a free study Bible and a set of free Christian books that
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[59:32.920 --> 59:45.720]  Life, call Bibles for America toll free at 888-551-0102, that's 888-551-0102, or visit
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[01:00:05.000 --> 01:00:10.640]  The Disney Splash is brought to you by the Lone Star Lowdown, providing your daily bulletins
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[01:00:23.920 --> 01:00:32.560]  Markets today opened up with gold at $1,193.78 an ounce, silver $15.88 an ounce, Texas crude
[01:00:32.560 --> 01:00:44.400]  $57.74 a barrel, and Bitcoin is currently sitting at 231 U.S. currency.
[01:00:44.400 --> 01:00:49.600]  Today in history, Monday, April 24th, 1961, then President John F. Kennedy announced his
[01:00:49.600 --> 01:00:53.240]  sole responsibility following the Bay of Pigs incident.
[01:00:53.240 --> 01:00:57.840]  Bay of Pigs was an attempt by U.S. trained and backed Guatemalan guerrilla revolutionaries
[01:00:57.840 --> 01:01:03.320]  just a few days before in invading Cuba and overthrowing Castro regime.
[01:01:03.320 --> 01:01:12.320]  They were, however, neutralized and captured for over a year.
[01:01:12.320 --> 01:01:18.680]  In recent news, California's vaccine mandate bill, SB277, was apparently postponed last
[01:01:18.680 --> 01:01:24.400]  week to allow for Democratic Senator Ben Allen of Santa Monica and Richard Pan of Sacramento
[01:01:24.400 --> 01:01:29.760]  to push to replace seats on the committee with pro-vaccine industry spokespersons.
[01:01:29.760 --> 01:01:35.880]  It was also rescheduled as a vote-only item, which essentially meant that no one in opposition
[01:01:35.880 --> 01:01:40.400]  was allowed to testify on the amendments added to the bill.
[01:01:40.400 --> 01:01:49.640]  SB277 was passed on Wednesday.
[01:01:49.640 --> 01:01:53.760]  The president yesterday took full responsibility for the counter-terrorist efforts of the United
[01:01:53.760 --> 01:02:00.040]  States in the inadvertent murder of Warren Weinstein, 73-year-old of Rockville, Maryland,
[01:02:00.040 --> 01:02:05.120]  who was unfortunately killed alongside an Italian hostage back in January during a drone
[01:02:05.120 --> 01:02:12.080]  strike that was targeting an al-Qaeda compound in Pakistan near the Afghani border.
[01:02:12.080 --> 01:02:15.200]  Warren was four days away from leaving Pakistan alive.
[01:02:15.200 --> 01:02:25.080]  He had spent nearly four years as an al-Qaeda hostage.
[01:02:25.080 --> 01:02:30.360]  Canada is now the first country in the world to require that for every new regulation introduced,
[01:02:30.360 --> 01:02:33.040]  one of equivalent burden must be removed.
[01:02:33.040 --> 01:02:40.520]  The Red Tape Reduction Act, or C21, has been operating as policy for several years already.
[01:02:40.520 --> 01:02:45.280]  It requires that the cost of new rules and regulations be quantified and that equal or
[01:02:45.280 --> 01:02:48.520]  greater costs and regulations be removed.
[01:02:48.520 --> 01:02:53.680]  The Lone Star Lowdown is currently looking for sponsors.
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[01:03:01.200 --> 01:03:21.840]  This has been the Lowdown for April 24th, 2015.
[01:03:21.840 --> 01:03:23.800]  Welcome back to Rural Law Radio, folks.
[01:03:23.800 --> 01:03:29.400]  512-646-1984 will get you in touch with us, and we're going back to Georgia and visit
[01:03:29.400 --> 01:03:30.880]  some more with Eric.
[01:03:30.880 --> 01:03:42.520]  Eric, with your FDCPA claims, if you're following the Mike Meyers strategy, you're doing well.
[01:03:42.520 --> 01:03:43.520]  Yes.
[01:03:43.520 --> 01:03:44.520]  Okay?
[01:03:44.520 --> 01:03:45.520]  Stick to it.
[01:03:45.520 --> 01:03:46.520]  Yes, sir.
[01:03:46.520 --> 01:03:55.280]  But if you can contact the state, most definitely do so, whatever office it was that accepted
[01:03:55.280 --> 01:03:59.040]  your payment, and ask for a copy of the receipt.
[01:03:59.040 --> 01:04:02.680]  They keep a receipt of every payment made.
[01:04:02.680 --> 01:04:08.760]  So get a copy of the receipt from them, and if you can get it certified, that would be
[01:04:08.760 --> 01:04:11.240]  even better.
[01:04:11.240 --> 01:04:14.040]  That way you can show it's been paid.
[01:04:14.040 --> 01:04:24.320]  So in anticipation of litigation, now, if you just want them to go away, then you can
[01:04:24.320 --> 01:04:34.400]  certainly send them a photo-stack copy of the certified receipt, and say, hey, guys,
[01:04:34.400 --> 01:04:36.760]  you're wasting my time and yours.
[01:04:36.760 --> 01:04:40.720]  Do you still want to go to court?
[01:04:40.720 --> 01:04:44.440]  They'll say no, and they'll go away.
[01:04:44.440 --> 01:04:50.040]  Now, if you want to make money off of them, then study a little deeper into Mike Meyers
[01:04:50.040 --> 01:04:52.040]  package, and he'll teach you how.
[01:04:52.040 --> 01:04:53.040]  Yes, sir.
[01:04:53.040 --> 01:05:00.320]  Rack up the phone calls, keep your receipts, everything.
[01:05:00.320 --> 01:05:06.720]  Keep track of everything.
[01:05:06.720 --> 01:05:14.640]  It might behoove you to send them a letter to respond only by mail.
[01:05:14.640 --> 01:05:16.560]  Do not call.
[01:05:16.560 --> 01:05:21.020]  You don't want to cut off communications altogether.
[01:05:21.020 --> 01:05:24.120]  You want to limit communications.
[01:05:24.120 --> 01:05:26.120]  Do not call me.
[01:05:26.120 --> 01:05:30.560]  If you want to contact me, here's my address.
[01:05:30.560 --> 01:05:34.240]  Send your information via U.S. mail.
[01:05:34.240 --> 01:05:36.120]  Yes, sir.
[01:05:36.120 --> 01:05:44.000]  Why do I say U.S. mail?
[01:05:44.000 --> 01:05:50.320]  Because if they can't prove that they sent me anything, they have to do it with you.
[01:05:50.320 --> 01:05:51.320]  Nope.
[01:05:51.320 --> 01:05:52.320]  Nope.
[01:05:52.320 --> 01:05:53.320]  Nope.
[01:05:53.320 --> 01:05:59.960]  If they're committing fraud, they're also committing mail fraud.
[01:05:59.960 --> 01:06:03.840]  They use the U.S. post office to commit fraud.
[01:06:03.840 --> 01:06:07.280]  Now you get the postmaster general crawling up their shorts.
[01:06:07.280 --> 01:06:08.280]  Oh.
[01:06:08.280 --> 01:06:09.280]  Follow me?
[01:06:09.280 --> 01:06:10.280]  Yes, sir.
[01:06:10.280 --> 01:06:19.400]  If they're lying and they're lying by mail, basically, it becomes a criminal crime.
[01:06:19.400 --> 01:06:22.080]  I saw a light bulb come on.
[01:06:22.080 --> 01:06:24.080]  Yes, sir.
[01:06:24.080 --> 01:06:26.080]  Yes, sir.
[01:06:26.080 --> 01:06:34.760]  So, put them in that precarious position and see what happens.
[01:06:34.760 --> 01:06:39.680]  But when does... Do they have to have intent and knowledge to commit that?
[01:06:39.680 --> 01:06:44.520]  Or can they just... You do it by mistake, you know what I mean?
[01:06:44.520 --> 01:06:46.880]  They are presumed to have knowledge.
[01:06:46.880 --> 01:06:47.880]  Yes.
[01:06:47.880 --> 01:06:49.880]  No mistake.
[01:06:49.880 --> 01:06:51.960]  Okay.
[01:06:51.960 --> 01:06:52.960]  I have been reading.
[01:06:52.960 --> 01:06:57.320]  I've been trying to understand it.
[01:06:57.320 --> 01:07:00.760]  Everything that happens here is in their course of business.
[01:07:00.760 --> 01:07:05.640]  They're the ones that chose to contact you, not you them.
[01:07:05.640 --> 01:07:07.120]  Okay?
[01:07:07.120 --> 01:07:13.940]  They have laws that govern what they do, how they do it, when they do it.
[01:07:13.940 --> 01:07:20.600]  If they step outside those laws, you get to hammer them for it.
[01:07:20.600 --> 01:07:22.640]  Awesome.
[01:07:22.640 --> 01:07:25.720]  Awesome.
[01:07:25.720 --> 01:07:30.800]  Every time they step outside, you get to hammer them for it.
[01:07:30.800 --> 01:07:36.600]  Because every time they break the law, they damage you.
[01:07:36.600 --> 01:07:40.080]  You've been harmed.
[01:07:40.080 --> 01:07:44.200]  You're owed something for that.
[01:07:44.200 --> 01:07:45.200]  Awesome.
[01:07:45.200 --> 01:07:51.440]  Now, on my recording, when I recorded the agent for the state or the state I live in,
[01:07:51.440 --> 01:07:52.960]  she worked for the Department of Revenue.
[01:07:52.960 --> 01:07:56.480]  She admitted that there was a computer glitch or something happened, but they had made a
[01:07:56.480 --> 01:07:59.720]  mistake sending me to the debt collector.
[01:07:59.720 --> 01:08:00.720]  Good.
[01:08:00.720 --> 01:08:01.720]  Okay.
[01:08:01.720 --> 01:08:04.000]  That's what... Yep.
[01:08:04.000 --> 01:08:06.040]  Did you request that in writing?
[01:08:06.040 --> 01:08:08.760]  No, sir, I did not.
[01:08:08.760 --> 01:08:10.840]  You should always do that.
[01:08:10.840 --> 01:08:16.160]  Anytime you talk to somebody and they say, hey, well, this, that, or the other, can you
[01:08:16.160 --> 01:08:20.800]  put that in writing and send that to me, please?
[01:08:20.800 --> 01:08:24.160]  Because I've got these guys trying to cut my head off.
[01:08:24.160 --> 01:08:27.240]  I need something I can send them.
[01:08:27.240 --> 01:08:29.760]  Can you help me out here?
[01:08:29.760 --> 01:08:34.760]  Let me suggest a slight variation.
[01:08:34.760 --> 01:08:36.760]  Send them a letter.
[01:08:36.760 --> 01:08:38.760]  Damn who?
[01:08:38.760 --> 01:08:41.120]  Send whoever you spoke to a letter.
[01:08:41.120 --> 01:08:42.120]  The state?
[01:08:42.120 --> 01:08:43.120]  Mm-hmm.
[01:08:43.120 --> 01:08:52.000]  The state, summarizing your conversation and ask them to confirm, and put in a stamp self-address
[01:08:52.000 --> 01:08:58.560]  return envelope and ask them to confirm that this is correct.
[01:08:58.560 --> 01:09:03.360]  A lot of times they're not going to want to send something in writing, but if you send
[01:09:03.360 --> 01:09:09.880]  something that they can just sign and send back, you're more likely to get it.
[01:09:09.880 --> 01:09:10.880]  Agreed.
[01:09:10.880 --> 01:09:11.880]  Awesome.
[01:09:11.880 --> 01:09:12.880]  Awesome.
[01:09:12.880 --> 01:09:13.880]  That's a good idea.
[01:09:13.880 --> 01:09:14.880]  Mr. Kilmer, I have another question.
[01:09:14.880 --> 01:09:15.880]  It's quick.
[01:09:15.880 --> 01:09:16.880]  I've been studying the traffic law of my state, and I've noticed that when it says at the
[01:09:16.880 --> 01:09:17.880]  top of the traffic kit, it says traffic citation.
[01:09:17.880 --> 01:09:41.400]  But the area I'm from is real, like you say, every place is corrupt, but how can an officer
[01:09:41.400 --> 01:09:51.040]  write a, on a traffic citation, like a fence of shoplifting, like if a cop goes to, like,
[01:09:51.040 --> 01:09:56.480]  say, a 1-1, right, and picks up a suspect for allegedly shoplifting, takes them to the jail,
[01:09:56.480 --> 01:09:57.480]  arrest them.
[01:09:57.480 --> 01:09:58.480]  Okay.
[01:09:58.480 --> 01:09:59.480]  Okay.
[01:09:59.480 --> 01:10:00.480]  That's relatively simple.
[01:10:00.480 --> 01:10:04.960]  He can do that because he is a peace officer.
[01:10:04.960 --> 01:10:09.720]  In Texas, we have a special police officer.
[01:10:09.720 --> 01:10:13.520]  The state police here are traffic cops.
[01:10:13.520 --> 01:10:20.680]  They're defined as police officers, and in Texas, a police officer is someone authorized
[01:10:20.680 --> 01:10:23.880]  to enforce the traffic laws.
[01:10:23.880 --> 01:10:30.200]  Someone authorized to enforce the criminal laws is a peace officer, but in most states,
[01:10:30.200 --> 01:10:38.560]  they're one and the same, and in some places in Texas, a peace officer can also act in
[01:10:38.560 --> 01:10:41.840]  the capacity of a police officer.
[01:10:41.840 --> 01:10:50.080]  In Georgia, I suspect that a peace officer can always enforce the traffic code as well
[01:10:50.080 --> 01:10:53.080]  as the criminal codes.
[01:10:53.080 --> 01:10:55.080]  That makes total sense, yes.
[01:10:55.080 --> 01:10:56.080]  Okay.
[01:10:56.080 --> 01:10:57.080]  And another question.
[01:10:57.080 --> 01:11:02.760]  In the area that I live in, part of Georgia, when people issue traffic tickets and say
[01:11:02.760 --> 01:11:07.920]  the person doesn't want to sign or just doesn't, you know, feel like signing the traffic ticket,
[01:11:07.920 --> 01:11:13.640]  the cop will usually put, or T.S. where the signature goes, it says, refuse to sign.
[01:11:13.640 --> 01:11:18.320]  Now, if the person refused to sign, it's a promise, the citation is basically a promise
[01:11:18.320 --> 01:11:19.320]  to appear.
[01:11:19.320 --> 01:11:25.880]  If you don't sign the promise to appear, do you have to appear at the court?
[01:11:25.880 --> 01:11:29.720]  That's kind of iffy.
[01:11:29.720 --> 01:11:31.840]  You can make a special appearance.
[01:11:31.840 --> 01:11:41.480]  Well, if you have been given constructive notice, if the officer told you or the citation
[01:11:41.480 --> 01:11:49.040]  said you must appear at this time, at this place on this day, at this time, that even
[01:11:49.040 --> 01:11:57.400]  if you don't sign it, you've been given constructive notice, so they can essentially hold you responsible,
[01:11:57.400 --> 01:11:58.400]  yes.
[01:11:58.400 --> 01:11:59.400]  Okay.
[01:11:59.400 --> 01:12:02.120]  That is a reasonable question.
[01:12:02.120 --> 01:12:06.080]  You can reasonably, I mean, you can construe that because it is there's a promise to appear.
[01:12:06.080 --> 01:12:07.080]  You see what I'm saying?
[01:12:07.080 --> 01:12:08.080]  That's not off the wall.
[01:12:08.080 --> 01:12:09.080]  Yes.
[01:12:09.080 --> 01:12:16.320]  You didn't promise to appear, but the court will construe that as a summons, and that's
[01:12:16.320 --> 01:12:20.960]  a lot of tickets are actually say summons on them.
[01:12:20.960 --> 01:12:26.960]  And that's a summons, and whether you signed it or not, it had a notice to appear on it.
[01:12:26.960 --> 01:12:33.780]  So the signature is going to bring into question, did you actually receive this?
[01:12:33.780 --> 01:12:38.760]  So if you don't sign it, then you would have to testify, I never saw this cop before.
[01:12:38.760 --> 01:12:41.080]  He never gave me this ticket.
[01:12:41.080 --> 01:12:43.120]  I don't know what he's talking about.
[01:12:43.120 --> 01:12:47.080]  But most people aren't willing to commit that kind of...
[01:12:47.080 --> 01:12:48.080]  Perjury.
[01:12:48.080 --> 01:12:52.160]  Yes, perjury to get out of a traffic ticket.
[01:12:52.160 --> 01:12:53.160]  Yes.
[01:12:53.160 --> 01:13:01.080]  So if it's a summons, how can a police officer who's in the executive branch issue a summons
[01:13:01.080 --> 01:13:04.200]  which can only come from the judicial branch?
[01:13:04.200 --> 01:13:08.600]  He's a representative of a litigant.
[01:13:08.600 --> 01:13:15.800]  The courts allow the litigants to generate the summons.
[01:13:15.800 --> 01:13:22.240]  Now when a summons is issued by one of the litigants, in this case, it's the state is
[01:13:22.240 --> 01:13:25.960]  the litigant, it's the plaintiff.
[01:13:25.960 --> 01:13:31.520]  And you don't appear based on the summons, normally they'd have to go to the judge and
[01:13:31.520 --> 01:13:38.360]  ask the judge to issue an order directing you to appear.
[01:13:38.360 --> 01:13:44.680]  But since this is criminal in nature, the police officer has been authorized to issue
[01:13:44.680 --> 01:13:50.800]  the summons in lieu of taking you to jail.
[01:13:50.800 --> 01:14:01.120]  He has the authority to take you to jail, but he also has the discretion to release you
[01:14:01.120 --> 01:14:05.760]  on your own recognizance, on a promise to appear.
[01:14:05.760 --> 01:14:08.920]  So you don't have to sign that thing.
[01:14:08.920 --> 01:14:14.160]  But now the policeman's in a position to where he really should take you to jail or take
[01:14:14.160 --> 01:14:18.080]  you to a magistrate.
[01:14:18.080 --> 01:14:21.520]  But even then, if it's not serious enough, he can use his discretion.
[01:14:21.520 --> 01:14:26.200]  The courts gave him that, the legislature gave him a certain amount of discretion in
[01:14:26.200 --> 01:14:27.200]  that regard.
[01:14:27.200 --> 01:14:28.200]  All right.
[01:14:28.200 --> 01:14:34.040]  Well, I mean, I think I've got a lot to work with here and I have a little bit more understanding
[01:14:34.040 --> 01:14:37.160]  of it and thank you all for your help.
[01:14:37.160 --> 01:14:41.640]  And I will try to get that receipt from the state and I'll see if I can do that.
[01:14:41.640 --> 01:14:42.640]  Okay.
[01:14:42.640 --> 01:14:43.640]  Just one word of warning.
[01:14:43.640 --> 01:14:44.640]  Yes, sir.
[01:14:44.640 --> 01:14:49.320]  Be careful, be careful with this because it can become way too much fun.
[01:14:49.320 --> 01:14:58.160]  Yeah, I can tell what this agent and this debt collector, they didn't know necessarily
[01:14:58.160 --> 01:14:59.160]  what to say.
[01:14:59.160 --> 01:15:04.480]  They just, the only thing they did, the debt collector, they would just get mad.
[01:15:04.480 --> 01:15:06.240]  That's what they know how to do.
[01:15:06.240 --> 01:15:09.720]  And so you never get mad back and that screws up everything for them.
[01:15:09.720 --> 01:15:10.720]  Yes, sir.
[01:15:10.720 --> 01:15:11.720]  Thank you all.
[01:15:11.720 --> 01:15:12.720]  You all have a great night.
[01:15:12.720 --> 01:15:13.720]  Okay.
[01:15:13.720 --> 01:15:14.720]  Okay.
[01:15:14.720 --> 01:15:15.720]  Thank you.
[01:15:15.720 --> 01:15:16.720]  Thank you.
[01:15:16.720 --> 01:15:17.720]  Thank you, Eric.
[01:15:17.720 --> 01:15:19.600]  Now we're going to Shane in New York.
[01:15:19.600 --> 01:15:20.600]  Hello, Shane.
[01:15:20.600 --> 01:15:21.600]  Hello, Randy.
[01:15:21.600 --> 01:15:22.600]  How are you doing?
[01:15:22.600 --> 01:15:23.600]  I'm doing good.
[01:15:23.600 --> 01:15:26.600]  Do you want to tell everybody why you're here?
[01:15:26.600 --> 01:15:27.600]  Yes, I do.
[01:15:27.600 --> 01:15:32.600]  I would like to get a little advice from you.
[01:15:32.600 --> 01:15:42.800]  I'm not really sure where to start at, but and all due process was denied and we went
[01:15:42.800 --> 01:15:43.800]  through the process.
[01:15:43.800 --> 01:15:44.800]  Okay.
[01:15:44.800 --> 01:15:50.320]  Kind of bring us up to speed on what the issue is.
[01:15:50.320 --> 01:15:57.240]  The issue is it was a commercial foreclosure that started back in July 2014 and they denied
[01:15:57.240 --> 01:15:58.240]  all discovery.
[01:15:58.240 --> 01:16:03.240]  And I think I heard music in the background.
[01:16:03.240 --> 01:16:04.240]  Not yet.
[01:16:04.240 --> 01:16:05.240]  Anyways, I'll continue.
[01:16:05.240 --> 01:16:06.240]  Okay.
[01:16:06.240 --> 01:16:07.240]  I thought it was music.
[01:16:07.240 --> 01:16:09.240]  We're close, but not yet.
[01:16:09.240 --> 01:16:10.240]  Okay.
[01:16:10.240 --> 01:16:14.840]  So they denied all discovery, they denied the hold and do course motion.
[01:16:14.840 --> 01:16:18.440]  I learned something new tonight when I talked to you earlier about setting it for hearing.
[01:16:18.440 --> 01:16:24.800]  That was my only mistake, but we filed several motions, but they were all denied and the
[01:16:24.800 --> 01:16:29.920]  judge said that reason why they're all denied is because it's in the record.
[01:16:29.920 --> 01:16:34.600]  And since everything was denied, we filed a federal court action right here in the western
[01:16:34.600 --> 01:16:39.480]  district of New York and that's still pending, so I'll wait though.
[01:16:39.480 --> 01:16:40.480]  Okay.
[01:16:40.480 --> 01:16:41.480]  Hang on.
[01:16:41.480 --> 01:16:42.480]  We're about to do the break.
[01:16:42.480 --> 01:16:49.680]  Randy Kelton, Steve Skidmore with our radio, a call in number 512-646-1984 and we'll be
[01:16:49.680 --> 01:17:01.040]  right back.
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[01:19:24.880 --> 01:19:41.160]  Okay, we are back, Randy Kelton, Steve Skidmore, we're on our radio and we're talking to Shane
[01:19:41.160 --> 01:19:42.160]  in New York.
[01:19:42.160 --> 01:19:51.160]  Okay, Shane, as I understand you have a commercial loan where your mother got the loan, had business.
[01:19:51.160 --> 01:19:57.400]  The loan was issued by the owner of the property.
[01:19:57.400 --> 01:20:03.440]  So it was essentially a contract and this wasn't a professional lender.
[01:20:03.440 --> 01:20:11.280]  And then it is the professional lender who initiated the foreclosure, but you have evidence
[01:20:11.280 --> 01:20:18.560]  that the professional lender actually factored the note or sold the right to be paid to someone
[01:20:18.560 --> 01:20:19.560]  else.
[01:20:19.560 --> 01:20:21.440]  Is that essentially correct?
[01:20:21.440 --> 01:20:22.440]  Right.
[01:20:22.440 --> 01:20:27.200]  The private lender stated within the state record, the Supreme Court here in New York,
[01:20:27.200 --> 01:20:32.720]  that he did lose the note after negotiating and talking with William McCaffrey several
[01:20:32.720 --> 01:20:33.720]  times.
[01:20:33.720 --> 01:20:35.920]  He came back and said, that's not true.
[01:20:35.920 --> 01:20:42.840]  And he said that the note is being held with a Wells Fargo trust.
[01:20:42.840 --> 01:20:47.520]  And he also said that the lender, after a due diligence search, that the lender is not
[01:20:47.520 --> 01:20:51.360]  a lender as the term lender in the state of New York.
[01:20:51.360 --> 01:20:52.360]  Yeah.
[01:20:52.360 --> 01:21:00.080]  But if the person who sold the property was the owner of the property, then he didn't
[01:21:00.080 --> 01:21:01.120]  have to be a lender.
[01:21:01.120 --> 01:21:04.600]  So that won't be an issue.
[01:21:04.600 --> 01:21:07.560]  Something doesn't feel right here.
[01:21:07.560 --> 01:21:17.240]  A private person does a contract sale and claims to have lost the note.
[01:21:17.240 --> 01:21:25.840]  The private seller was the person who received the payments.
[01:21:25.840 --> 01:21:28.200]  So they were essentially the servicer.
[01:21:28.200 --> 01:21:29.200]  Correct.
[01:21:29.200 --> 01:21:32.520]  And here's where the problem comes in.
[01:21:32.520 --> 01:21:43.340]  If the private lender had sold the note to another entity, that entity would require
[01:21:43.340 --> 01:21:48.640]  servicing rights to go with it.
[01:21:48.640 --> 01:22:00.600]  So why would the holder of the security allow a non-licensed servicer to service the note?
[01:22:00.600 --> 01:22:02.480]  We don't know that.
[01:22:02.480 --> 01:22:08.080]  For me, that was a red flag.
[01:22:08.080 --> 01:22:17.200]  Something doesn't feel right here and the notion that the note is actually being held
[01:22:17.200 --> 01:22:21.480]  in a Wells Fargo trust, I would be real careful.
[01:22:21.480 --> 01:22:26.840]  I'd want to make absolutely certain because this doesn't sound right.
[01:22:26.840 --> 01:22:33.040]  If a Wells Fargo trust had it, they're going to want, Steve, who is that services for Wells
[01:22:33.040 --> 01:22:34.040]  Fargo?
[01:22:34.040 --> 01:22:35.040]  Oh, good Lord.
[01:22:35.040 --> 01:22:48.840]  It starts with a C. Anyway, they have their own servicer, so I can't imagine them allowing
[01:22:48.840 --> 01:22:56.960]  someone who's not a professional to collect on their note.
[01:22:56.960 --> 01:22:58.960]  Does that make sense, Shane?
[01:22:58.960 --> 01:22:59.960]  Yes.
[01:22:59.960 --> 01:23:04.680]  And I did talk to the vice president's office today before I had that brief discussion with
[01:23:04.680 --> 01:23:07.520]  you this evening from five o'clock Eastern time.
[01:23:07.520 --> 01:23:11.760]  He said, he's like baffled right now, he has to look into it and he'll get back to me next
[01:23:11.760 --> 01:23:12.760]  week sometime.
[01:23:12.760 --> 01:23:17.880]  He said, he read the affidavit of William McCaffrey, he looked at the lost note affidavit
[01:23:17.880 --> 01:23:21.840]  that was filed in the state court and he has no answers.
[01:23:21.840 --> 01:23:24.840]  He says, I've never seen an affidavit before, let me get back to you.
[01:23:24.840 --> 01:23:30.920]  So he's drawing red flags too and he says they weren't even a party in the case, in
[01:23:30.920 --> 01:23:31.920]  the state case.
[01:23:31.920 --> 01:23:41.000]  Wells Fargo was not even involved in the foreclosure proceedings.
[01:23:41.000 --> 01:23:44.080]  What is your strategy at this point?
[01:23:44.080 --> 01:23:51.080]  Well, we filed the Republicans in federal court under Rule 64.
[01:23:51.080 --> 01:23:57.560]  The judge granted their former poppers about a month ago and the marshals are in the process
[01:23:57.560 --> 01:24:03.560]  as we speak in serving all parties involved, including the referee, the attorney that represented
[01:24:03.560 --> 01:24:11.560]  the five wonder and he took the judge off the lawsuit and said that he can't sue the
[01:24:11.560 --> 01:24:17.720]  judge, he has complete judicial immunity and so the good news is he granted the former
[01:24:17.720 --> 01:24:22.160]  poppers and all parties would be in service or wait for an answer, but they have not been
[01:24:22.160 --> 01:24:26.240]  officially served as of this very second, but during the process of doing it, the marshals
[01:24:26.240 --> 01:24:29.240]  have everything.
[01:24:29.240 --> 01:24:40.440]  I'm thinking of how would I handle this particular issue with the contract sale and you have
[01:24:40.440 --> 01:24:45.960]  reason to believe that another party holds the note.
[01:24:45.960 --> 01:24:53.640]  Steve, tell me if you think this would work out, would be a good way to make sure your
[01:24:53.640 --> 01:25:01.840]  information is right without making accusations you can't back up that you move to dismiss
[01:25:01.840 --> 01:25:08.800]  for failure to join all necessary parties and claim that you have reason to believe
[01:25:08.800 --> 01:25:12.160]  that Wells Fargo is a necessary party.
[01:25:12.160 --> 01:25:19.640]  Yeah, that would either that would do one of two things that would either get the case
[01:25:19.640 --> 01:25:27.000]  dismissed or it would join Wells Fargo and if Wells Fargo really didn't have anything
[01:25:27.000 --> 01:25:32.840]  to do with it, they would have to come in and show that or the other party would have
[01:25:32.840 --> 01:25:37.560]  to prove that somehow if they don't have the note, they don't have a problem.
[01:25:37.560 --> 01:25:41.680]  They can't show that they don't have an interest.
[01:25:41.680 --> 01:25:44.760]  You can't you can't prove a negative.
[01:25:44.760 --> 01:25:59.560]  What they can do, well, the owners Probandi would go back on the servicer prove your claim.
[01:25:59.560 --> 01:26:09.520]  The problem he has is the evidence of claim is that the owner of the property went into
[01:26:09.520 --> 01:26:16.160]  a contract purchase agreement, understood, and the owner of the property is the one that's
[01:26:16.160 --> 01:26:17.160]  foreclosing.
[01:26:17.160 --> 01:26:27.720]  So there's nothing directly to indicate that the note was ever transferred or moved or
[01:26:27.720 --> 01:26:31.640]  anything done with it is sold and negotiated.
[01:26:31.640 --> 01:26:38.200]  So in order to make the claim, you have to have some evidence and what I haven't seen
[01:26:38.200 --> 01:26:45.040]  is the evidence that your examiner has to show that it's.
[01:26:45.040 --> 01:26:53.600]  Okay, I'm having a little trouble understanding you know, we're getting some really strange
[01:26:53.600 --> 01:26:54.600]  background.
[01:26:54.600 --> 01:26:58.120]  Do you have a TV or radio or something going on in the background?
[01:26:58.120 --> 01:26:59.120]  Nothing.
[01:26:59.120 --> 01:27:00.120]  I don't know where that's coming from.
[01:27:00.120 --> 01:27:01.120]  I hear it too.
[01:27:01.120 --> 01:27:06.680]  I am in a very quiet area on the phone, so I don't know where that's coming from myself.
[01:27:06.680 --> 01:27:10.120]  I have no idea where that's coming from.
[01:27:10.120 --> 01:27:13.520]  I think that's the voice in my head.
[01:27:13.520 --> 01:27:15.640]  It could be.
[01:27:15.640 --> 01:27:21.040]  Tell your alter ego to be quiet for a minute, Randy.
[01:27:21.040 --> 01:27:27.560]  I just want to stress the fact that he did lose the note and it's in the record in the
[01:27:27.560 --> 01:27:28.560]  state court.
[01:27:28.560 --> 01:27:34.360]  And Lord McCaffrey came in at the last minute with this affidavit saying that the note has
[01:27:34.360 --> 01:27:35.360]  not been lost.
[01:27:35.360 --> 01:27:39.600]  It's being held with Wells Fargo and that's been our beef the whole time that they were
[01:27:39.600 --> 01:27:42.440]  never the holder in due course.
[01:27:42.440 --> 01:27:45.800]  And so how can you lose a note that then all of a sudden.
[01:27:45.800 --> 01:27:46.800]  Yeah.
[01:27:46.800 --> 01:27:48.960]  How can you lose something you don't have anymore?
[01:27:48.960 --> 01:27:50.160]  Right.
[01:27:50.160 --> 01:27:55.160]  So he asked, you know, I'm not sure if that's perjury or not, but you know, it could very
[01:27:55.160 --> 01:27:59.160]  well be if Wells Fargo can't produce it.
[01:27:59.160 --> 01:28:00.160]  Right.
[01:28:00.160 --> 01:28:01.160]  Yeah.
[01:28:01.160 --> 01:28:06.160]  So Wells Fargo coming from Lord McCaffrey, Wells Fargo has it.
[01:28:06.160 --> 01:28:08.840]  That would go to discovery.
[01:28:08.840 --> 01:28:09.840]  Yeah.
[01:28:09.840 --> 01:28:13.720]  Well, all discovery was denied in the state court.
[01:28:13.720 --> 01:28:14.720]  Really?
[01:28:14.720 --> 01:28:15.720]  Yeah.
[01:28:15.720 --> 01:28:16.720]  Holder.
[01:28:16.720 --> 01:28:18.160]  We asked who the holder in due course denied.
[01:28:18.160 --> 01:28:21.160]  We asked for validation.
[01:28:21.160 --> 01:28:23.160]  Everything was denied.
[01:28:23.160 --> 01:28:25.800]  It was a complete kangaroo court.
[01:28:25.800 --> 01:28:30.560]  And we asked why the judges look at the record and that was his answer and how was that?
[01:28:30.560 --> 01:28:33.160]  Well, that would be appealable.
[01:28:33.160 --> 01:28:34.160]  Yeah.
[01:28:34.160 --> 01:28:35.160]  Right.
[01:28:35.160 --> 01:28:41.240]  But I just wanted to see what you thought about that, but my thoughts on it or get ready
[01:28:41.240 --> 01:28:42.240]  for appeal.
[01:28:42.240 --> 01:28:43.240]  Right.
[01:28:43.240 --> 01:28:44.240]  Right.
[01:28:44.240 --> 01:28:45.240]  Yes.
[01:28:45.240 --> 01:28:46.240]  That's what we're doing.
[01:28:46.240 --> 01:28:48.640]  In New York, you have nine months to perfect your appeal.
[01:28:48.640 --> 01:28:54.880]  So that's those appeals pay for and filed at the end of February.
[01:28:54.880 --> 01:28:59.760]  So we have until middle of November to file it in the fourth department in Rochester,
[01:28:59.760 --> 01:29:00.880]  New York.
[01:29:00.880 --> 01:29:04.480]  Make sure you set whatever record you can.
[01:29:04.480 --> 01:29:05.480]  Okay.
[01:29:05.480 --> 01:29:14.800]  Didn't you have a motion before the court that the court did not hear?
[01:29:14.800 --> 01:29:25.480]  Yeah, we filed a motion to vacate the judgment based on what we're talking about right now.
[01:29:25.480 --> 01:29:26.480]  And it was just completely ignored.
[01:29:26.480 --> 01:29:27.480]  They went forward with the foreclosure and the auction.
[01:29:27.480 --> 01:29:28.480]  And so it was just completely ignored.
[01:29:28.480 --> 01:29:29.480]  But after talking to you, I didn't know about the notice of the hearing that we were supposed
[01:29:29.480 --> 01:29:30.480]  to be serving.
[01:29:30.480 --> 01:29:31.480]  Well, Shane, we're fixing to go to break.
[01:29:31.480 --> 01:29:32.480]  Stay tuned.
[01:29:32.480 --> 01:29:33.480]  We'll be right back.
[01:29:33.480 --> 01:29:52.840]  Don't go away, Shane, 512-646-1984, we're getting close to the end of the show and we've
[01:29:52.840 --> 01:29:57.520]  got a full call board, but we'll be right back at these brief messages.
[01:29:57.520 --> 01:30:04.520]  You're listening to the rule, aren't you, Ruby?
[01:30:04.520 --> 01:30:31.560]  You're listening to the rule, aren't you, Ruby, you're listening to the rule, aren't
[01:30:31.560 --> 01:30:50.800]  you, Ruby, you're listening to the rule, aren't you, Ruby, you're listening to the rule,
[01:30:50.800 --> 01:31:18.740]  aren't you, Ruby, you're listening to the rule, aren't you, Ruby, you're listening
[01:31:18.740 --> 01:31:31.660]  I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com.
[01:31:31.660 --> 01:31:37.020]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11th.
[01:31:37.020 --> 01:31:42.460]  The government says that fire brought it down, however, 1,500 architects and engineers concluded
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[01:31:43.900 --> 01:31:48.180]  Over 6,000 of my fellow service members have given their lives and thousands of my fellow
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[01:32:54.780 --> 01:32:55.780]  You are listening to the Logos Radio Network, logosradionetwork.com.
[01:32:55.780 --> 01:33:25.580]  I see two, I see two, the other guy, the other guy, the other guy, I see two, I see two,
[01:33:25.580 --> 01:33:49.300]  the other guy, the other guy, the other guy, I see two, I see two, the other guy, the other
[01:33:49.300 --> 01:33:50.300]  guy, I see two.
[01:33:50.300 --> 01:33:51.300]  Welcome back to Rural Law Radio, folks.
[01:33:51.300 --> 01:33:52.300]  We're coming close to the end of the show.
[01:33:52.300 --> 01:34:06.540]  Shane, Robin, Jeff, and Jason, Shane, about the only thing that I can tell you to do is
[01:34:06.540 --> 01:34:09.380]  to get ready for appeal, and it sounds like you already are.
[01:34:09.380 --> 01:34:17.860]  So set what record you can set, attempt, make, is there a court reporter?
[01:34:17.860 --> 01:34:18.860]  Yes.
[01:34:18.860 --> 01:34:19.860]  Yes.
[01:34:19.860 --> 01:34:20.860]  Okay, good.
[01:34:20.860 --> 01:34:30.860]  Have you objected, have you made objections to the court's refusal to enter evidence and
[01:34:30.860 --> 01:34:31.860]  go to discovery?
[01:34:31.860 --> 01:34:32.860]  Yes, we did.
[01:34:32.860 --> 01:34:37.060]  And it's all filed in the docket, and they just ignored everything, all the straight
[01:34:37.060 --> 01:34:38.060]  throughs.
[01:34:38.060 --> 01:34:40.500]  Like I said, it was a kangaroo court, it was incredible.
[01:34:40.500 --> 01:34:45.300]  It was so bad that- Okay, have you made a point of this on record?
[01:34:45.300 --> 01:34:48.860]  Yes, it's right on the docket, yes, we did.
[01:34:48.860 --> 01:34:49.860]  Good.
[01:34:49.860 --> 01:34:51.820]  And you have set your record for appeal.
[01:34:51.820 --> 01:34:52.820]  Perfect.
[01:34:52.820 --> 01:34:57.220]  The fourth thing I want to tell you, too, is Randy, is Randy still there, right?
[01:34:57.220 --> 01:34:58.220]  Yeah, he's there.
[01:34:58.220 --> 01:34:59.220]  Yeah, I'm here.
[01:34:59.220 --> 01:35:02.380]  He mutes his mic because it's got hum.
[01:35:02.380 --> 01:35:03.380]  Okay.
[01:35:03.380 --> 01:35:10.180]  We filed a notice to give it to the sheriff's department and serve the referee on all the
[01:35:10.180 --> 01:35:15.780]  issues that have not been resolved about the Holder and Duke courts and several other issues.
[01:35:15.780 --> 01:35:20.060]  I can't remember everything, but it was a very nice document put together.
[01:35:20.060 --> 01:35:23.260]  We gave it to the sheriffs, and they served the referee.
[01:35:23.260 --> 01:35:30.860]  And we also served the clerk of the court right here in Erie County, which is a little
[01:35:30.860 --> 01:35:34.020]  Buffalo area, kind of a dying area.
[01:35:34.020 --> 01:35:37.340]  But we served everybody before this even took place.
[01:35:37.340 --> 01:35:40.780]  We served them back in December 2014.
[01:35:40.780 --> 01:35:45.580]  And I went to the auction with my mom, and the attorney came up to me and says, you see
[01:35:45.580 --> 01:35:46.580]  one word.
[01:35:46.580 --> 01:35:49.860]  I'm going to have you escorted out with the police here.
[01:35:49.860 --> 01:35:54.900]  You see one word, don't hand in any of your paperwork, don't hand in any of your notices
[01:35:54.900 --> 01:35:56.580]  out or nothing.
[01:35:56.580 --> 01:35:57.740]  And so I, of course, I ignored them.
[01:35:57.740 --> 01:36:01.340]  I started handing out the notices about the issues that we have.
[01:36:01.340 --> 01:36:06.420]  And then after we had the last premise filed against the property, we had a federal suit.
[01:36:06.420 --> 01:36:11.140]  And I tried to have him escorted out, and luckily the state police that were in there
[01:36:11.140 --> 01:36:12.140]  said, no, he's fine.
[01:36:12.140 --> 01:36:14.860]  He didn't, he's allowed to do that.
[01:36:14.860 --> 01:36:17.500]  But the attorney is-
[01:36:17.500 --> 01:36:19.260]  Did you barguise the attorney?
[01:36:19.260 --> 01:36:20.260]  Oh, absolutely.
[01:36:20.260 --> 01:36:21.260]  Yes.
[01:36:21.260 --> 01:36:22.260]  Oh, good.
[01:36:22.260 --> 01:36:29.900]  And we just ran a new one about a week ago after he threatened my mother and he threatened
[01:36:29.900 --> 01:36:35.180]  me that he would take me out in the back and have a-
[01:36:35.180 --> 01:36:38.620]  Have you filed a temporary restraining order against him?
[01:36:38.620 --> 01:36:39.620]  No.
[01:36:39.620 --> 01:36:41.620]  If he's threatened you-
[01:36:41.620 --> 01:36:42.620]  Yeah.
[01:36:42.620 --> 01:36:46.420]  Do you smell what I'm stepping in?
[01:36:46.420 --> 01:36:48.460]  Go ahead.
[01:36:48.460 --> 01:36:52.780]  Get him dismissed from the case.
[01:36:52.780 --> 01:36:54.780]  It's gotten personal.
[01:36:54.780 --> 01:36:56.340]  Okay.
[01:36:56.340 --> 01:37:03.180]  And so, you know, we're doing everything we can, taking everything we've learned, and
[01:37:03.180 --> 01:37:07.220]  we've got that federal action going on, but I was real happy to see that the federal judge
[01:37:07.220 --> 01:37:12.940]  granted the informed properties issue, and the marshals, like I said, are in the process
[01:37:12.940 --> 01:37:13.940]  of serving him.
[01:37:13.940 --> 01:37:18.620]  So we got a little hope in the federal court, and we still have, we're down to seven months
[01:37:18.620 --> 01:37:26.300]  now to file the other appeal here in Rochester, New York, which is at the state level.
[01:37:26.300 --> 01:37:32.260]  But I do want to tell you one more thing, too, is William McCaffrey that did the affidavit
[01:37:32.260 --> 01:37:39.220]  that his findings, that he came back, and he said that he's going to do a more detailed,
[01:37:39.220 --> 01:37:44.780]  a supplement affidavit on more details of who bought the note, where it went to, dates,
[01:37:44.780 --> 01:37:45.780]  times, and all that.
[01:37:45.780 --> 01:37:49.660]  So we're looking forward to getting that pretty soon.
[01:37:49.660 --> 01:37:51.340]  Good.
[01:37:51.340 --> 01:37:57.900]  That's what you're going to need to- that will cover that red flag that I picked up.
[01:37:57.900 --> 01:37:59.740]  And I know who Bill McCaffrey is.
[01:37:59.740 --> 01:38:00.740]  He's confident.
[01:38:00.740 --> 01:38:01.740]  Yeah.
[01:38:01.740 --> 01:38:06.340]  And I wanted to see what Randy thought about the affidavit, if you haven't gotten to it,
[01:38:06.340 --> 01:38:09.860]  I can always check back with you, but I want to see what your thoughts were on that.
[01:38:09.860 --> 01:38:13.940]  I got it, but I didn't get it until after the show had started, so I didn't have time
[01:38:13.940 --> 01:38:16.100]  to go through it.
[01:38:16.100 --> 01:38:20.740]  But William McCaffrey said you have one hell of a case here.
[01:38:20.740 --> 01:38:23.620]  He's never seen such a huge mess before.
[01:38:23.620 --> 01:38:30.060]  So that's, you know, something to look forward to.
[01:38:30.060 --> 01:38:32.500]  But I wanted to see what you thought about that.
[01:38:32.500 --> 01:38:37.300]  But we're looking at probably $300,000 in equity we're losing right now.
[01:38:37.300 --> 01:38:38.300]  Okay.
[01:38:38.300 --> 01:38:43.180]  Well, I will look at that tomorrow or sometime.
[01:38:43.180 --> 01:38:47.300]  So call in next week and I'll be up to speed.
[01:38:47.300 --> 01:38:48.300]  Okay.
[01:38:48.300 --> 01:38:49.300]  Very good.
[01:38:49.300 --> 01:38:50.300]  Yeah.
[01:38:50.300 --> 01:38:53.020]  I just want to let you know that the property sold for half price.
[01:38:53.020 --> 01:38:56.180]  So the one that bought it was a happy camper.
[01:38:56.180 --> 01:38:57.180]  Wow.
[01:38:57.180 --> 01:39:03.660]  It was a price of $6.85 and it sold for like $3.25.
[01:39:03.660 --> 01:39:11.100]  So then you're saying that somebody else stepped into your lawsuit?
[01:39:11.100 --> 01:39:12.100]  I know.
[01:39:12.100 --> 01:39:13.100]  I never even thought about that.
[01:39:13.100 --> 01:39:14.100]  Yeah, they have.
[01:39:14.100 --> 01:39:15.100]  No.
[01:39:15.100 --> 01:39:19.100]  They are now a defendant or should be.
[01:39:19.100 --> 01:39:20.100]  We gave numbers.
[01:39:20.100 --> 01:39:22.100]  I mean, I didn't know they could sell.
[01:39:22.100 --> 01:39:23.100]  We had a West Palace file.
[01:39:23.100 --> 01:39:24.100]  We had a federal suit filed.
[01:39:24.100 --> 01:39:27.380]  They made this much more than sold, I don't know.
[01:39:27.380 --> 01:39:34.500]  If it was my case, I would amend and add them as a defendant.
[01:39:34.500 --> 01:39:35.980]  Okay.
[01:39:35.980 --> 01:39:44.340]  And there's a good chance that will not make them happy with the one who sold it to them.
[01:39:44.340 --> 01:39:49.100]  But just so you know, as of today, the taxes are still in my mother's name because I called
[01:39:49.100 --> 01:39:54.060]  the assessor's office and allegedly they closed two weeks ago, but the taxes are still in
[01:39:54.060 --> 01:39:55.060]  my mother's name still.
[01:39:55.060 --> 01:39:59.780]  So I'm not sure if that's a big issue or not, but I thought that was...
[01:39:59.780 --> 01:40:00.780]  No.
[01:40:00.780 --> 01:40:04.500]  They've got different amounts of time for each state.
[01:40:04.500 --> 01:40:09.340]  Texas, they've got 21 days.
[01:40:09.340 --> 01:40:13.940]  Their claim is perfected for 21 days.
[01:40:13.940 --> 01:40:20.020]  So if they get filed within that 21 days, they're in good shape.
[01:40:20.020 --> 01:40:26.980]  And one more quickie, we did a UCC 11 search on my mom's name and it came back and she
[01:40:26.980 --> 01:40:32.500]  had no liens or no financial obligations recorded at the Department of State.
[01:40:32.500 --> 01:40:39.660]  I'm not really sure if that means anything to mortgages or not, but in the mortgage commercial
[01:40:39.660 --> 01:40:45.380]  law, 190 in the state of New York states that you're supposed to have those recorded in
[01:40:45.380 --> 01:40:46.380]  the Department of State.
[01:40:46.380 --> 01:40:49.080]  But on the other hand, it's a private loan.
[01:40:49.080 --> 01:40:51.180]  So that's where we cross the line.
[01:40:51.180 --> 01:40:54.980]  I'm not really sure if this is kind of an issue.
[01:40:54.980 --> 01:40:58.340]  I don't know how that works between banks and private loans.
[01:40:58.340 --> 01:41:01.020]  So I'm not really sure if it's a requirement or not, Randy.
[01:41:01.020 --> 01:41:04.140]  It's not so private if Wells Fargo holds a note.
[01:41:04.140 --> 01:41:09.740]  Yeah, Wells Fargo does have a note coming from William McCaffrey.
[01:41:09.740 --> 01:41:13.940]  That would have definitely brought it out of the private status, but I haven't looked
[01:41:13.940 --> 01:41:17.880]  at all of the documentation filed in the public record either.
[01:41:17.880 --> 01:41:22.260]  What you sent me was only the mortgage.
[01:41:22.260 --> 01:41:28.460]  Were there any other filings in the public record other than the mortgage document between
[01:41:28.460 --> 01:41:34.980]  the time your mother received a warranty deed and today?
[01:41:34.980 --> 01:41:40.700]  What I did is I was after the show, you were already into the show when I scanned it.
[01:41:40.700 --> 01:41:44.980]  They rescanned, I'm sorry, I scanned it and I emailed it to you, but they re-recorded
[01:41:44.980 --> 01:41:48.420]  the mortgage in June of 2014.
[01:41:48.420 --> 01:41:51.380]  They re-recorded everything all over again.
[01:41:51.380 --> 01:41:52.380]  Okay.
[01:41:52.380 --> 01:42:00.020]  Now, you need to go to the clerk and ask the clerk to run a search on this property and
[01:42:00.020 --> 01:42:07.100]  get a copy of that search because if the clerk can't find it, it's unreasonable to think
[01:42:07.100 --> 01:42:12.820]  that you would be able to find it and if you can't find it, then it's not properly filed.
[01:42:12.820 --> 01:42:19.620]  So see what the clerk says has been filed in this case.
[01:42:19.620 --> 01:42:22.100]  That's where all the claims come from.
[01:42:22.100 --> 01:42:26.780]  If they don't have it properly filed in the record, they don't hold the claim or they
[01:42:26.780 --> 01:42:29.420]  may hold it, but they can't adjudicate the claim.
[01:42:29.420 --> 01:42:30.420]  Yeah.
[01:42:30.420 --> 01:42:34.660]  The only thing I think that's... I'll verify this this week, but I think the only thing
[01:42:34.660 --> 01:42:37.580]  they have recorded is the mortgage and that's it.
[01:42:37.580 --> 01:42:38.580]  Okay.
[01:42:38.580 --> 01:42:39.580]  Well, get that done.
[01:42:39.580 --> 01:42:43.740]  We're about to run out of time, call in next week and we'll have all the information and
[01:42:43.740 --> 01:42:44.740]  we'll address this again.
[01:42:44.740 --> 01:42:45.740]  All right.
[01:42:45.740 --> 01:42:46.740]  Thanks a lot, guys.
[01:42:46.740 --> 01:42:47.740]  Have a great night.
[01:42:47.740 --> 01:42:48.740]  It was nice talking to you.
[01:42:48.740 --> 01:42:49.740]  Okay.
[01:42:49.740 --> 01:42:50.740]  Thank you, Shane.
[01:42:50.740 --> 01:42:51.740]  Okay.
[01:42:51.740 --> 01:42:54.820]  Now, we're going to go to Jeff Sedgwick for a moment.
[01:42:54.820 --> 01:42:56.300]  Hello, Mr. Jeff.
[01:42:56.300 --> 01:42:58.860]  How are you doing there, guy?
[01:42:58.860 --> 01:43:00.940]  I am doing good.
[01:43:00.940 --> 01:43:03.420]  I got the chump here with me this time.
[01:43:03.420 --> 01:43:04.420]  Yeah, I heard that.
[01:43:04.420 --> 01:43:14.540]  I have some corrections for him, but deal with the chap in Georgia, as a stand... if
[01:43:14.540 --> 01:43:21.820]  everything that he has said is true and accurate, right now he has two causes of action, one
[01:43:21.820 --> 01:43:25.860]  under 1692E and the other under 1692E2.
[01:43:25.860 --> 01:43:35.460]  Paul's deceptive and misleading representation is E, E2 is misrepresenting the character amount
[01:43:35.460 --> 01:43:40.460]  and the legal status of the alleged death.
[01:43:40.460 --> 01:43:41.460]  Very good.
[01:43:41.460 --> 01:43:42.460]  Yeah.
[01:43:42.460 --> 01:43:43.460]  Okay.
[01:43:43.460 --> 01:43:44.460]  Now, he also-
[01:43:44.460 --> 01:43:45.460]  Hold on.
[01:43:45.460 --> 01:43:47.460]  We're about to go to break.
[01:43:47.460 --> 01:43:50.460]  Randy Kelton, Steve Skidmore, Rue Rao Radio.
[01:43:50.460 --> 01:43:56.660]  Now, we're not even going to give the call that we're going to break up the promise.
[01:43:56.660 --> 01:44:00.340]  We'll be right back.
[01:44:00.340 --> 01:44:03.740]  You feel tired when talking about important topics like money and politics?
[01:44:03.740 --> 01:44:04.740]  Sorry.
[01:44:04.740 --> 01:44:07.660]  Are you confused by words like the Constitution or the Federal Reserve?
[01:44:07.660 --> 01:44:08.660]  What?
[01:44:08.660 --> 01:44:12.460]  If so, you may be diagnosed with the deadliest disease known today, stupidity.
[01:44:12.460 --> 01:44:18.020]  Hi, my name is Steve Holt, and like millions of other Americans, I was diagnosed with stupidity
[01:44:18.020 --> 01:44:19.020]  at an early age.
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[01:44:23.220 --> 01:44:25.220]  in America, the television.
[01:44:25.220 --> 01:44:30.340]  Unfortunately, that puts most Americans at risk of catching stupidity, but there is hope.
[01:44:30.340 --> 01:44:34.120]  The staff at Brave New Books have helped me and thousands of other phosphoholics suffering
[01:44:34.120 --> 01:44:39.020]  from sports zombieism recover, and because of Brave New Books, I now enjoy reading and
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[01:44:43.900 --> 01:44:51.140]  anybody you know suffers from stupidity, then you need to call 512-480-2503 or visit them
[01:44:51.140 --> 01:44:54.740]  in 1904 Guadalupe or bravenewbookstore.com.
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[01:44:58.140 --> 01:45:00.140]  and an overall increase in mental functioning.
[01:45:00.140 --> 01:45:04.500]  Are you the plaintiff or defendant in a lawsuit?
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[01:46:15.620 --> 01:46:33.820]  Okay, we are back, Randy Kelton, Steve Skidmore, Rule of Law Radio, and Jeff, before we go
[01:46:33.820 --> 01:46:39.380]  back to you, Steve has an announcement.
[01:46:39.380 --> 01:46:40.380]  I do.
[01:46:40.380 --> 01:46:46.220]  As our regular listeners would know, I've been kind of sketchy here lately.
[01:46:46.220 --> 01:46:55.940]  Work has kept me from the air, and I am now embarking on a new chapter of life back into
[01:46:55.940 --> 01:47:05.220]  the foreclosure defense business and working with some very talented people, very talented
[01:47:05.220 --> 01:47:10.300]  people that have unleashed an opportunity.
[01:47:10.300 --> 01:47:16.260]  A year soon, I'll be moving to San Antonio, and this new venture is going to demand even
[01:47:16.260 --> 01:47:25.060]  more of my time, so I just cannot continue to do the radio show any longer, but I would
[01:47:25.060 --> 01:47:31.260]  like to take this opportunity to thank everybody for lending an ear.
[01:47:31.260 --> 01:47:35.340]  I hope that in the couple of years that I've been on the radio that somebody has learned
[01:47:35.340 --> 01:47:38.380]  something from me.
[01:47:38.380 --> 01:47:47.220]  I would also like to think that all that I've been through has not been for nothing.
[01:47:47.220 --> 01:47:56.540]  I've been fighting banks now for seven-plus years, and I've gained a lot of knowledge
[01:47:56.540 --> 01:48:04.060]  in those seven years, and it has been an absolute pleasure and an honor to impart what knowledge
[01:48:04.060 --> 01:48:10.700]  I have gained to you, the listeners, and I thank you all very much.
[01:48:10.700 --> 01:48:18.860]  I hate to see you go, it's really hard to find someone who has a good radio presence.
[01:48:18.860 --> 01:48:24.300]  I envy you that full-bodied metal voice that you have.
[01:48:24.300 --> 01:48:30.300]  Well, I've been told since I was in high school when my voice broke that I had a voice for
[01:48:30.300 --> 01:48:31.300]  radio.
[01:48:31.300 --> 01:48:34.220]  Well, I thought that I would put it to use.
[01:48:34.220 --> 01:48:40.860]  I was told by Pastor Massage specifically that I had a face made for radio.
[01:48:40.860 --> 01:48:45.140]  And I agree, I've seen you.
[01:48:45.140 --> 01:48:48.900]  Okay, let's go back to Jeff.
[01:48:48.900 --> 01:48:50.900]  Hello, Jeff.
[01:48:50.900 --> 01:48:58.300]  Hello, thank you very much, Steve, I appreciate it, the humor that is.
[01:48:58.300 --> 01:49:00.420]  Thank you, sir.
[01:49:00.420 --> 01:49:05.100]  I, for one, will miss that baritone voice.
[01:49:05.100 --> 01:49:12.420]  Well, there may be an occasion that I might be able to do a guest appearance, we'll work
[01:49:12.420 --> 01:49:15.420]  on that in the future.
[01:49:15.420 --> 01:49:16.420]  Okay.
[01:49:16.420 --> 01:49:26.140]  Now, to return to our friend in Georgia, I have every reason to believe that he will
[01:49:26.140 --> 01:49:31.820]  also have a third claim under 1692 G.B.
[01:49:31.820 --> 01:49:40.140]  And this is, Steve, this is the kind of mistake that even attorneys make.
[01:49:40.140 --> 01:49:48.900]  If you send a dispute and demand letter to the debt collector, he has, there is no obligation
[01:49:48.900 --> 01:49:52.300]  whatsoever for him to respond.
[01:49:52.300 --> 01:49:53.300]  Okay.
[01:49:53.300 --> 01:50:03.540]  However, as under 1692 G.B., a collector must cease collection efforts until the debt is
[01:50:03.540 --> 01:50:04.540]  validated.
[01:50:04.540 --> 01:50:05.540]  Correct.
[01:50:05.540 --> 01:50:06.540]  Okay.
[01:50:06.540 --> 01:50:18.780]  The typical thing is, and we've even heard FTCPA attorneys make that kind of statement,
[01:50:18.780 --> 01:50:21.860]  well, they have 30 days for us to respond.
[01:50:21.860 --> 01:50:24.700]  Yeah, and you know it's better than that.
[01:50:24.700 --> 01:50:30.380]  If the consumer notifies the debt collector in writing within the 30-day period described
[01:50:30.380 --> 01:50:42.940]  in subsection A of this section that the debt or any portion thereof is disputed, or that
[01:50:42.940 --> 01:50:48.660]  the consumer requests the name and address of the original creditor, the debt collector
[01:50:48.660 --> 01:50:56.360]  shall cease collection of the debt or any disputed portion thereof until the debt collector
[01:50:56.360 --> 01:51:04.220]  obtains verification of the debt or a copy of a judgment or the name and address of the
[01:51:04.220 --> 01:51:11.100]  original creditor and a copy of such verification or judgment or name and address of the original
[01:51:11.100 --> 01:51:16.460]  creditor is mailed to the customer by the debt collector.
[01:51:16.460 --> 01:51:23.620]  All right, now I'm looking forward to see if I can find it quickly.
[01:51:23.620 --> 01:51:28.420]  There is a particular case, there it is right there.
[01:51:28.420 --> 01:51:35.020]  If you want to know what validation looks like, I suggest you do a Google search for
[01:51:35.020 --> 01:51:44.660]  a dad, H-A-D-D-A-D, versus Alexander, and within the context of that judicial order,
[01:51:44.660 --> 01:51:52.060]  you'll find out what's required in order to validate the debt, and I can't remember
[01:51:52.060 --> 01:51:53.060]  what it was.
[01:51:53.060 --> 01:52:00.780]  I think that was out of the 10th Circuit, however, the dad decision in so far as what
[01:52:00.780 --> 01:52:13.140]  it takes to validate the debt has been accepted by the Eastern District of Texas, thanks to
[01:52:13.140 --> 01:52:24.260]  Dave in Dallas, and I think that's it.
[01:52:24.260 --> 01:52:27.260]  With that, I will say good night and let you get on to your next call.
[01:52:27.260 --> 01:52:33.060]  Good night, Jeff, and thank you for calling.
[01:52:33.060 --> 01:52:34.060]  Good information.
[01:52:34.060 --> 01:52:38.260]  Okay, now we're going to go to Robin in Florida.
[01:52:38.260 --> 01:52:43.340]  Hello, Robin, I'm sorry to hold you so long, and we've only got six minutes left.
[01:52:43.340 --> 01:52:45.340]  What do you have for us tonight?
[01:52:45.340 --> 01:52:46.340]  Good evening, guys.
[01:52:46.340 --> 01:52:49.340]  The question I have is, of course, mortgage-related, foreclosure-related.
[01:52:49.340 --> 01:53:00.900]  I did your Mears, you know, the Mears request for power of attorney is there was an assignment
[01:53:00.900 --> 01:53:05.740]  of mortgage on my primary residence.
[01:53:05.740 --> 01:53:08.700]  They never responded.
[01:53:08.700 --> 01:53:16.340]  The notary sent me a notary ledger, so they responded, but the whole issue why I did that
[01:53:16.340 --> 01:53:22.620]  is because the assignment of mortgage was from a defunct entity, you know, via Mears.
[01:53:22.620 --> 01:53:29.580]  This is filed, you know, a public- What is the name of the entity, defunct?
[01:53:29.580 --> 01:53:32.220]  Flick Mortgage Corp.
[01:53:32.220 --> 01:53:35.940]  When did they go out of business?
[01:53:35.940 --> 01:53:38.940]  December 31st, 2009.
[01:53:38.940 --> 01:53:41.780]  2009.
[01:53:41.780 --> 01:53:44.820]  And is there a transfer from them to someone else?
[01:53:44.820 --> 01:53:49.020]  No, there is no assignment of mortgage or anything.
[01:53:49.020 --> 01:53:50.020]  Oh, dear.
[01:53:50.020 --> 01:53:51.020]  Public record.
[01:53:51.020 --> 01:53:54.020]  Nemo-deck-quod non-habet.
[01:53:54.020 --> 01:53:56.820]  How can a dead guy assign anything?
[01:53:56.820 --> 01:53:57.820]  Correct.
[01:53:57.820 --> 01:54:05.580]  Also- That's a discovered question, by the way.
[01:54:05.580 --> 01:54:08.580]  Oh, they can't.
[01:54:08.580 --> 01:54:11.380]  There you go.
[01:54:11.380 --> 01:54:19.020]  So another question I have, I sort of need the answer to that, but they, in the foreclosure
[01:54:19.020 --> 01:54:24.820]  in this particular property in my house, they filed a petition to withdraw the lost note
[01:54:24.820 --> 01:54:25.820]  count.
[01:54:25.820 --> 01:54:26.820]  Who's they?
[01:54:26.820 --> 01:54:27.820]  The IndyMac bank.
[01:54:27.820 --> 01:54:28.820]  IndyMac isn't even in business anymore either.
[01:54:28.820 --> 01:54:29.820]  Yeah.
[01:54:29.820 --> 01:54:30.820]  Well, this has been going on like six, seven years now.
[01:54:30.820 --> 01:54:31.820]  So this was back in the day.
[01:54:31.820 --> 01:54:32.820]  2009, I think.
[01:54:32.820 --> 01:54:33.820]  But IndyMac is defunct.
[01:54:33.820 --> 01:54:34.820]  Yeah.
[01:54:34.820 --> 01:54:35.820]  Have they sold the property?
[01:54:35.820 --> 01:54:36.820]  Is this a pre-foreclosure or post?
[01:54:36.820 --> 01:54:37.820]  This is- I have a sale date coming up at the 13th, so I don't- I can't get into all the
[01:54:37.820 --> 01:54:38.820]  details.
[01:54:38.820 --> 01:54:39.820]  I don't know.
[01:54:39.820 --> 01:54:40.820]  I don't know.
[01:54:40.820 --> 01:54:41.820]  I don't know.
[01:54:41.820 --> 01:54:42.820]  I don't know.
[01:54:42.820 --> 01:54:43.820]  I don't know.
[01:54:43.820 --> 01:54:44.820]  I don't know.
[01:54:44.820 --> 01:54:45.820]  I don't know.
[01:54:45.820 --> 01:54:46.820]  I don't know.
[01:54:46.820 --> 01:54:47.820]  I don't know.
[01:54:47.820 --> 01:54:48.820]  I don't know.
[01:54:48.820 --> 01:54:57.820]  I don't know.
[01:54:57.820 --> 01:54:58.820]  Okay.
[01:54:58.820 --> 01:55:03.820]  When did you make your last payment?
[01:55:03.820 --> 01:55:06.820]  August 08.
[01:55:06.820 --> 01:55:12.820]  Check your state statutes for statute and limitations on foreclosure.
[01:55:12.820 --> 01:55:17.820]  Most states provide a four to five year time period
[01:55:18.100 --> 01:55:21.780]  in which an entity can foreclose on a property.
[01:55:21.780 --> 01:55:23.860]  If they're outside that property,
[01:55:23.860 --> 01:55:25.640]  you have an affirmative defense.
[01:55:26.940 --> 01:55:30.300]  Okay, I believe it's five in Florida.
[01:55:30.300 --> 01:55:32.900]  I filed a couple of bankruptcies with my wife, myself,
[01:55:32.900 --> 01:55:34.740]  just to hold them off.
[01:55:34.740 --> 01:55:37.820]  I don't know if that told it or not.
[01:55:37.820 --> 01:55:40.700]  May have if it's pre-foreclosure.
[01:55:40.700 --> 01:55:45.700]  I mean, it was post-petition, but before the foreclosure.
[01:55:45.780 --> 01:55:47.340]  Hold on, hold on.
[01:55:47.340 --> 01:55:49.620]  When you filed the bankruptcy,
[01:55:49.620 --> 01:55:52.540]  did you get a restraining order against the bank?
[01:55:55.460 --> 01:55:59.340]  I didn't petition a restraining order.
[01:55:59.340 --> 01:56:01.780]  I didn't get anything, I just handed it
[01:56:01.780 --> 01:56:04.540]  to the attorney in court, did you hear me?
[01:56:04.540 --> 01:56:08.860]  Well, did the court order a stay?
[01:56:08.860 --> 01:56:09.740]  Oh, wait a minute, hold on.
[01:56:09.740 --> 01:56:11.940]  This is 2008?
[01:56:11.940 --> 01:56:13.260]  Nine.
[01:56:13.260 --> 01:56:14.460]  Okay, 2009.
[01:56:14.460 --> 01:56:18.340]  2011 that I filed the bankruptcy.
[01:56:19.220 --> 01:56:21.300]  Two and a half years post-petition.
[01:56:21.300 --> 01:56:26.300]  Okay, all the bankruptcy will do is stay the clock
[01:56:26.620 --> 01:56:31.620]  for the time that the bank was ordered,
[01:56:32.180 --> 01:56:35.220]  that the court instituted a stay.
[01:56:35.220 --> 01:56:37.540]  What is the disposition of your bankruptcy?
[01:56:37.540 --> 01:56:40.980]  This is dismissed.
[01:56:40.980 --> 01:56:41.820]  Okay.
[01:56:41.820 --> 01:56:44.420]  So I still have it in my back pocket.
[01:56:44.420 --> 01:56:48.220]  During that period, was there an automatic stay filed
[01:56:48.220 --> 01:56:49.420]  with the bank?
[01:56:49.420 --> 01:56:50.260]  There always is.
[01:56:52.100 --> 01:56:53.020]  Yeah, I mean.
[01:56:54.940 --> 01:56:59.940]  Just whatever time the bank was restrained by the court,
[01:57:00.580 --> 01:57:03.060]  you take that time out of your account.
[01:57:03.060 --> 01:57:03.900]  Mm-hmm.
[01:57:03.900 --> 01:57:04.900]  Okay, okay.
[01:57:04.900 --> 01:57:09.900]  Yeah, so then it was dismissed like six weeks later,
[01:57:10.660 --> 01:57:12.500]  and then they just put it on the back burner
[01:57:12.500 --> 01:57:13.340]  and forgot about it.
[01:57:13.340 --> 01:57:14.900]  They did, I guess.
[01:57:14.900 --> 01:57:16.620]  Okay, then you're probably okay.
[01:57:16.620 --> 01:57:18.700]  You've probably got enough.
[01:57:18.700 --> 01:57:21.140]  Yeah, my other question is,
[01:57:23.540 --> 01:57:25.180]  what's the best way to get this?
[01:57:25.180 --> 01:57:26.980]  Because as far as I see it,
[01:57:27.820 --> 01:57:30.380]  the court doesn't have subject matter jurisdiction
[01:57:31.300 --> 01:57:32.500]  based on this.
[01:57:32.500 --> 01:57:33.420]  That's correct.
[01:57:33.420 --> 01:57:35.580]  I've found, you're in Florida,
[01:57:35.580 --> 01:57:37.940]  but I've found case law here in Texas,
[01:57:37.940 --> 01:57:40.260]  and plenty of it, which would lead me to believe
[01:57:40.260 --> 01:57:45.260]  you'll find at least some case law in Florida
[01:57:45.380 --> 01:57:47.500]  regarding statute of limitations.
[01:57:47.500 --> 01:57:50.740]  Once the statute of limitations has passed,
[01:57:50.740 --> 01:57:53.620]  there is no longer a cause of action.
[01:57:53.620 --> 01:57:56.540]  The cause of action itself expires.
[01:57:56.540 --> 01:57:58.780]  So if there's no cause before the court,
[01:57:58.780 --> 01:58:00.780]  what jurisdiction does the court have?
[01:58:00.780 --> 01:58:05.780]  The plaintiff is unable to bring a controversy to the court.
[01:58:06.980 --> 01:58:09.900]  Correct, the elect's capacity.
[01:58:09.900 --> 01:58:13.580]  Therefore, the plaintiff is unable to invoke
[01:58:13.580 --> 01:58:15.940]  the subject matter jurisdiction of the court.
[01:58:17.060 --> 01:58:18.180]  Agreed.
[01:58:18.180 --> 01:58:20.100]  Question, Randy, can I contact you?
[01:58:20.100 --> 01:58:21.500]  You got 30 seconds.
[01:58:23.660 --> 01:58:25.460]  I would like to get you.
[01:58:25.460 --> 01:58:27.340]  Wait, wait, just send me an email.
[01:58:27.340 --> 01:58:28.460]  We're out of time.
[01:58:28.460 --> 01:58:32.060]  Randy at ruleoflawradio.com.
[01:58:32.060 --> 01:58:32.900]  Cool, I will do that.
[01:58:32.900 --> 01:58:34.580]  Thank you, guys.
[01:58:34.580 --> 01:58:36.420]  Thank you, Robin.
[01:58:36.420 --> 01:58:38.060]  Steve, I hate to see you go,
[01:58:38.940 --> 01:58:40.700]  but we're out of time.
[01:58:40.700 --> 01:58:41.620]  You gotta go.
[01:58:41.620 --> 01:58:42.900]  Gotta do it.
[01:58:42.900 --> 01:58:43.740]  Thanks, folks.
[01:58:43.740 --> 01:58:45.100]  I appreciate it all the time.
[01:58:46.100 --> 01:58:47.100]  Good night.
[01:58:47.100 --> 01:58:47.940]  Good night.
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